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Columbus morning journal. (Columbus, Ohio), 1866-04-26

Columbus morning journal. (Columbus, Ohio), 1866-04-26 page 1

f "r- j"vs 1 ' IB.lIWti'fc' .. i nib IT t'lliHj' if TBHOF ADVERTISING; 4 . si 1EBHS OF SCBSCKIPTIOy. THUS Of THI DAILY TOOBRU, - rgle InbMrtbtn, 1 jmrt (ty oo Stogie 8abferibr, 0 mootbg, tMtww 4 M ngUiabaorlberg, S aioithf. 8 Dglf SubKrlbers, 1 month, ..-!";". I m SIugleSubMriben, 1 ninth, MllTdWMMH, 0 90 dingtoenbMriben, perWMkf4Unr4...HMM1H 020 Fe dtgwBti, ln luthi, 10 eealeprJrawknehoopy. fSBlU OT THI TII'WIIILT JOOBHAX. t ytr.w.M,...H....f 00 I 6 MOttth.H.MH;.J 28 Piiir 9ne gqaare, each lowtloo... 0 T " tDoeli Motioee tar tkiuare. Mob ww tn....... ...tl V Loot I and BaalufM Huttaata. Mr 11m. fc t1! jft fliaii mil iiiuilllllBIIHI 0 JO r" J ' O Local bad BuilLtfl Rottoea. Mr Use. cub ilwUm,.. ........ 0 SO UTOoe Squre orra thrasM-tata f m 3; Marrtag NqIiom MoU, whea nnderflre llnea. Book aad Job Printing neatly tod promptly VOLUME XXVIII COLUMBUS; :'. OHIO, 1 "THURSDAY MORNING, APRIL 26, 1866. NUMBER . 243. ... 1 16 1 1 AOnUl... 0 40 'Jill yt M.'it-'ti ' J tt VIBH or III WUJr.LT SOV.XAH single 8nht1brnl per yfer. ... n , n.,., , JOURNAL. Business Directory. BBAHCK. MilKTUN ft., Aiturn.j B1L.W, Ambo,' Bailnng, 670. Hlghtsl. J.BlT Oat f()X,I. CI., Drain Id I'm Tobaceo Bad Ogara, V ffo. V' BoaiB wga B. - jaaia ai nOWin. IE. M , Phjslclu ud Surfon, Ko. 5 Xr vipr Jt on diuck. j.bu ty AOUMtll. A., Jr.. Naur; labile, Joknm Dlof K. 117 B.min M-gn II J.BI7 IT HIJUMK4, MNBtUKirr tethkb, -HnilunnN of Tranks and VbIIm., Mm. JM.Bill l:oo!S High street. JaolS lm I, , HoUry Pa&Uo and Jaitleoef .n Bin TIlTl lIIIsHOSf, I. A., Olaim A,bbi, 117 Sonla ' alga .i.,op. I.I nBUOIl.l D jb.u ij T INI) KM AN X dt'.,LWoctkuiaod " XI lianunri Ambo.' B.iiltling. J.nis ij " TiOLt.tltl BltWRa.Pirnmra. OI.M En X gta..ra and Baal Batata Agents, H 13 Wast IBTBIirtWI. TTB1TI. WM ' XX tha PtBQ". 17 ''pq'b High .trial OBIT, oiiiJ. J.nW lr aiuien ud farce in, mil nai Kxcnangs u'k Banding. iboit iy CUlBAgt. iff OHRM'KM HAB4JBK. M. ., 011 Hl.u Kt fourth. narM8 lyr l niAIiI.Bf ADttR, T. W Netary Pnblle A Olalm A i, ainoo)' nuiiaiQg, r7 o tiiga tt. jiU7 ijr "Mf. 0 Shellabarget's Sp )eoh. .! V Ho, i T tnrv, whioh iu mnd in (ha ttorma of wbb, atwrty weK ua iieear, no ti me tna of lb oiinlli jotr of 111 czioieaor, prooira led it in ruin. To remoro la tho now Van- titmion tbil cbojb of 4b hebUneia.nd ruin of tho old, wi tho Tory end nod par. pom of fi new one'i formtiion. That bif h pnrpoie they wbo nude it en(rana into ua text in tnoae tubi wora, "Bn;i oa ine ou-premo law of tne land." . ( r i And than tbe aat tba MrVpaaeoit aaaln In the tiara of itare with whioh htj bound he Conatitulion a brow, and mad it read, "To form a mora perftot Union." I Thla law, atatad Dt Wheaton in tn worda. 'The United Statea 1 aaprem GoTorn ment, totiog not only upon the aorerelgn membera or the Union, but direotiy upon the eiliiena," wae thai made eelNerident aa tke ei y foundation of the Govrmnt both hjr the origin, the text,, and the. preamble of the Conatiiution. . It waa aflorwurj afBrmad by a thousand jndgmeata of tba kigheat courta or 'the iftaree and of the nation. 1 waa reannounoed by tho Government itself in the terrible dialeot of. war tn the tup proialon of three aneoeaaifo rorolla agunit that auprtmacy in tha Statea of Foomyl- Tunu, south Carolina and Jibed, ialand It became Imprreaed upon the vonaulution' hiatory by the meaninga aaalgned to it by those who made it. The eame thing waa enforoed by tbe eubaequent argumenla of ita great expounaera, among wnion atanda one -tne reply lo Hayne unsurpassed by toe aonieTtmenta or tne numan uueueot. o:i dr. rendored, then iano bond of witl- unsbip and none of lie riahti. About the trth of thie poiition there oan be nrithtr emsible aiputorduDt. The only question whioh oan b made, bearing diraotly upon thin eWrine of public law, ia a to how the 0Ua may abow h oiaoanu nia atiegtanoe,, and how tbe aoTerameat may assart ita right to forfeit his oiliienahip. This we ehall presently oorae to and oonsider. MLATIOMS Or. OlTIUMSBir to sumtAoi. I now tuett -another proposition whioh in piinoiploM iden ioal with and must re ault from tbA.dootrine. that-"titate laws and !alAlegig!atIon oannot in the nature of theWore, ' bound fo'tibaustfhBresur and blood for tho defense or tneae. ion burs a nation in whioh, iik la ait oinere, the "bond" whioh unitos the oitiien to hi country is the fact that he aokndwladge and render allegianoe t is laws; and yet you bare that nation not only bound tt proteot them who defy and spurn their Got. ernment ana unlaws, out aiso. bouou i permit the disloyal States to enact Into u Sreme law" mat none snail Tote ror rrssi. ont or Coniros of the United S'atr but such as hare.made ,war upon. the United Need I say thai a doctrine leading to re - rHoDsit, Satuhpay. Apeil 21st, 1808 1 "' h paaaed intsandylng history. .!..' u ' - - ,". I the sole companion of it ; Mr. Sbeli. AnABOER shows ly quotations t Jroto the . President' speeches, and other documents of an oflloial nature, that he ' fth' President) desire the exclusion of rebel from nil powers of Government, and is in furor of punishing Ibem. Mr, 8. claim that tba avowal of the President to the Government had three time mere iadi- ' this effeot have been io frequent, so recont, I anted by the aocents of war, whioh for aew od o explioit. that to doubt their ainoeri- ta'7 rB ,r, mmn$ ty would be lo attribute to the President ,.h ,h. hMl llv,n... .,. treachery lo hi profession and on infldsll- prehended at last. But, Mr. Speaker, it only peer, "the oration npon tne urown But, sir, after all these it was strangsli. ia God s order, reaerved to thla Government to teaoh it to her children and the world in emphasis whioh startled the hu man race. . ' ,i This lesson, whioh they who made it hai thus written all over the Constitution, which . ty lo nil the .instincts of honor and man' hold. Hi quotation from the President are numerous, well authenticated, and en tirely oouclusiv. He doses thla Introdtio tory part of hi argument with the para graph first following, and then proceed with hi main argument, aa below: , Such, then, ore the view of the Presi dent.' To ay that they are not hia views, 'or that they are put forth aa mere lures to inenare a generous ana oonnuing people into his support mere "springs toostoh wooicook," whioh be drems neither oons'l tntional nor cnpible of being praotioally appnea ana eniorcea, nor nt to do so sppti a 1 to attribute to him rurpoirs and oon duct which would be disgraceful to the ost vulgar poiluoal barlrquio, but whtob in tbe ruler or a groat an4 generous pso waa only comprehended when it was writ ten in letter of mingled nre and blocKf-f tbe nrea or whtob swept hair a continen and tbe blood of "tbe mighty millions." Then it. stand now, written, ejompw bended. It is the judgment of by far the moit august oourt whioh ever sat for "high resolve," the oourt of the mighty people; and men comprehended at last that tki is a nation wan right to live. SKLI FEISXnVATtOH A tlHIVZESAI, E1QBT All ' DUTY OF IAT10HS I " I 1 II The next element of my argument I bring rrom tne ntgneat aources or public law: and assert that "the right of self-preservation ia not only a right with respeot to other Stater, but a duty with respeot to ita own members, and the moat solemn and import- snt on wbicb a mate owe to them. (Wheaton, 115 ) "Every nation i obliged T.I. who have eo honored and tr,,.la Mm r""ur" "' ' "-prw.rr..ou. would b utterly disgustlog and infamous. Uv,",,t P 0 I wili neither av nor believe lhi: and I v I entitled io TH hiaei therefor ehall assume thttt the President deems it both praotioible, oonetitutional, and fit to enaot that the tritor "forfeited hie right to vote with loril men when he reoouno-d hi ottisenhip and rought to de troy the Government," and ".ha- he stall be siibj o.ed to a severe ordeal before he ia restored to cit.secship." Or SELE'DEVEHflB. Mr. Speaker, from the same high sources or autnority, i allege mat "Since a nation is obliged to preserve itself, it hss a right to everything neoessary for its preservation." "A nation has a right to everything that can ward off imminent danger, and keep at a I need not y ibat Congress has already d'1""" whatever 1 capable of oauaing its indlca ed lis belief in the atme thing. rulDl " ,rom lht ry ame reason that It is obviou, liieo, that i her they who "tnblnbe tl right, it has alio the right to bold the two politioal department of this '"W neoessary to its presrvation." Government are most file and insincere, raiiti e. p. o. erelsaihv rtwa that th. rli.lnval .hnii "This right of elf-preservation neoes- be sternly exoluued, by ,vero ordeals," involves all other incidental rights from 0'jTeramnt until they "br ng forth " to give effeot to the prinoipil ;. it 9 I .nil " W hintin llit I now iirooeed to Inquire whether this A w proosed wo ihall see that these which both Congress and the President favor is permitted by the Conatiiution. And to gutrd rryse'f, at the very threshold of tlieie r marks, from misapprehen sion, I state, 'hat should the Government be round to hold this alleged power or excluding them win h .va renouooed their oiiiseo- bip from he exeroise of its powers, till I do not favor suoh oxolusion against the mass of the common people, unless it shall appear that they oontiuuo incorrigibly disloyal, and insubordina e lo our Government and laws. I only inquire now as to tho power. Mhe manuer and extent of it em ployment will be a matter for tho high, solemn, and most oJutious exercise of the wiadom and discretion of Congress; to be don with due regard lo the nature of ours as a popular Government resting upon tbe will or tbe loyal ottiseni, but also with re principles, o evidently inherent in the very nature of sovereignty, are both held and employ on by every independent State. CITIZEVSHIP I A NATIONAL AND NOT A STATE QUALITY AND fllVT. Let It be next thoroughly established and comprehended that in our Govornment there ts, properly speaking, no Kiale citizenship, and that lo adopt the language of the case or lynch vs. Clark, (1 Banford it., 683,) eitisene-hip is "a national right orcondition." Chancellor Kent affirm the authority of tins oase iient s commentarie, p. 80, note) when he says: The question lor oitiienship as distin guished from alienage is one of national anil not individual Stale sovereignty." . "A State," snys Judge McLean, "may authorise a foreigner to hold real estate within Se'ubHo."' P"p"u", Di "'"J of jariedietioo, but it has no power to nat- What makes the inquiry upon which I Lfoitiaens. Suoh a right is opposed to Ihe " : --i - - - - act or congress on tne suojeot or aaturall- nt.ioyai irom oitisensntp ana rrom voting, ,ion ,od ,ubversiv of the Federal pow- of suoh vital moment just now is the aad l grat tn,t ,Dy oountenanoe should faot that in at least ten of these States b, gjTen .om thj, henoh , prBattca m, there is the highest reason to fear that lhi, ln ,01n, of th, g al whicll OM B0 wore tuau nan me wane lnnaoiiants uesire the destiuition of this naticn. The people oou'.d not iearn a faot, so utterly unuatural and appilliug, until eaoh household spelled It cut, letter by letter, line by line, for itself. But the nation did learn it at last, when every family had read it in tbe marble feature of it own (lain "Fur there waa not a house in whioh there was not one dead." To again refuse to beliove it a we did before, and lo dcclins again to act upon it as true ia only stark madnoea. For four years and a half that almost entire people trove for that destruotion, with a ferocity of wi.l whioh made the purposes of Dantoa and Robespierro almost timid, and wilh a cruelty of execution which make the "September (laughters of Ihe prisons" almost meroy. ' And now, when the grass has not yet covered Ihe graves where sleep ilia victims of this immense orime, and when, by no act, or speech, or aigu, the great mtssof the auinora or it nave even proressea regrets for the past except r. greta for ihe failure, and whan tbey avow no new desin for the future, this nation must e ther crept this most unweloora faot ot general disloyally or else the nation cannot live. Mr. Spenker, bai Ihe Constitution, now that actual war tor tbe attainment of the nation' destruction ha been crushed out, de prived the Government of all power to ao-ospt ihia faot, and to provide against the Imminent peril to the nation whioh It Im ports r To show that tbe Conatitulion has not is ihe work of this inyhour. To be fully and aoourately apprehended, let me etve now what 1 am About to maintain and whal I shall not ma.ntatn. I do not think that the Federal Government has any power to exclude by law any civilised native of the United S ates from right of national oitisensh'p who hsa not violated or renounced his allegiance to the untiea mate. I do not maintiin thnt anv oitiien oan. by any act of disloyalty or by diecardiog ma anogianoe, aivtst nimseir or tbe obligations of the allegiance which he owes his country; but, on ihe oontrary, I hold that he ssnnot, I do not hold that the United Statea oan regulate the enjoy m 'nl of Ihe elective fran-chias in ihe 'organised States so a to pre-oribe who, of tucra who nre oitiaens, shall be permitted to vo e. I think the second lection of the first enisle of ihe Constitution gives this power to the State. Whit I do maintain anl ahall otrlvo to establish is, I hit the United State is a supreme nationality with the sovereign power usually held by nations to define the obligations of oitixeashipanddemand the paramount allegianoe of all ll o'tiaeu ia return for national protection; and that, in virtue of such tovereignty, ihe nation haa the power by law to deoiare what gross, open and palpable aota of abjuration and abandonment of the obligations o! oiilsen-hip ball work a forfeiture of all the polities! right and power of oitlisnshlp, including the cleoiiv franchige; and they also prescribt what ahall be deemed suffl-eieatevideic of a return to true faith aad allegiance to hia country suoh to entitle him to demand th right of a oiiiseo. I To attain Ihe establishment of these I Bow proceed. , UNITED STATES I A NATION. ItUuponihi (ublime.and limpl law that I lay the foundations of my argument Mr. Sptfik'-r, how atraoge haa been the history of that law' ouncl.tion and enforcement in ourcountry. lis abseno from ittl CoofedtratioB" rendered that trae warrant in the Constitution." 10 Htvstni, 683. "Every oitiien of the United Slates ia a oomponent member of the nation, with right and duties under the Conatitulion end laws of th United Statea which cannot be abridged by the law of any particular State.1' "Every person who is a citixen of tha United States, whether by birth or nat- uraliittios, holds hi great franohisa by the law or th United estates, and above the rontrol of any particular State." Opinion of Atlotmy General Bale; of 20 In November, 1802. - By suoh authorities a these t show thil other proposition of my argument, that bv tbe very esseaoe and natur of sovereignly it is ana must do tn nation, in supreme Government, that determine who shall be members or the nations body, it oitizen, ana wnom it win aumtt to aemana it pro leotion and enjoy its powers. RATDEE AND XIQUTS Or OITIZENsniP. Ill order that the legal oonoequences wb.ob now rrom the riot that tbe nation be s ows and controls oitiaenBhip may he com pletely understood, it is belt now lo look at the nature of Amerioan oitisensbip. Although this is a subject of great diffi culty in eoo of it aspects, yet it ia in others of th very easiest and most .obvious oomprenension anu aiaicmsnt. Iu speaking of what privilege an j powers are inoluded in oitisensbip, Mr. Calhoun aaye: "But though we may not be able to say with precision what a citiisn if, we may say wilh the utmost aertainty what he is not, He is not an alien, Alien and oiti ien are oonclativ term, andatand in con- Iriidiotion to each other. They, of course, cannot eo enst." Tha prinoiple here alluded to by Mr. Calhoun, that he eannot be held to be a citiien who do? not owe, or who doe not reoofiratze or render th obligation of a rcitii-n, is more fully expressed by. Tattel (t. p. lot); in these words: "If the body of sooiety or he who represents it the Government absolutely fail to cischarge their obligations toward the tit sen, the lat'er may withdraw himself." Mow note what follow: i 1 For, if one of tha contracting partie doe not observe his engagements, the other ia no longer bound to lulfill his, aa the oontraot ia reoiprooal between eo jiety and it member. It i on the ame principle also that society may expel a member f ho violatea II laws." I Preoitoly the same thing in its legal effeot is s ated by th Attorney General of Ihe Doited Stale in hi opinion of Ihe 29tb ltovnmbsr, 18C2. Hia word ars : . , e - I "Th duty of allegiaao and the right lo pioteotion arc correlative obligations, the one th price of the other, and they con stitute the bond between the Individual and his country." Justioe Blaosstin sayst "Allegiance ia the tie or ligament whioh bin I every aubjecl to be true end faithful to hi aovercign in return for protection which i afforded him." . I It otnaot be neoessary farther to enforce a proposition whioh i aassrted by plain and irreatatiDi reason, py every autnority of any rain upon international law whioh it in axialenoe, and which is denied by, none..,, This proposition i, that th "bond" wbjoh unites every sovereign Stale with ita oitistn is lb recognition aad rendering by tbe ohisens of true loyalty feitk. andal l.'giataeto hia Government; and the reolpro-a 1 protection due and rendered by his Gov. things be longer permitted to defin, abridge, suit like these 1 not false merely, but or enlarge, ine important privilege oi cut- i uucivy a4(wt"Ji isnshlp in the United Statea." It is thil: they from whom Ihe United Stat may constitutionally withhold or withdraw the or dinary right of national oitiienship, suoh as th right of petition, of helling lad, aid of. protection, cannot, except by th sufferance of Ihe Government of th United States, have conferred npon them by th now BiuiiTS or cmnmuir am roarnrEn. I (hair, .puisue these" suggestions n further, but shnll assume that there -.it oa way by which this Government can dopma men whom it deems' unfit to p memhext, of. society, of such right of oitif xenship and of eleotois as 1 demanded by Dies, nave conierrcu upon mem oy . tb, pubtio afety. - action of th. Stat,, higher and mors.vital D , th, , w.y,wltlli4 poveraand right, of controll ngth United th Go,nm.n.'. o0.r u diveet person States Government than would be derived by the possession of more rights of nation at" dltiiensnlp.' ' In other words, those, whether native or foreign, whom the nation may rightly deolin to permit the State lo endow with oitisensbip merely, oannot be endowed by the Statea exoept by mere sufi roranoej a t nave sntd, wita tne infinitely bigben attrlbate or national sovereignty, which; by tha elective frsnobise, erleota all the ruler of the Republic. Judge Curlis (19 Howard, It, 681), says . truly that though ' "The eniovment of the eleolive franchie is not essential to citizenship, there oan b no dotiojt rt ia ne of the obiefest attributes of oitiienship under the Amerioan ooustilu- tions; and tho just and constitutional post session of ibis right is deoisive evideooe of national citizenship." .s . 9 1 aver that they to whom tbe nation has rightly denied the right of oitisonship are thereby denied being deemed a part of th "people of the Statea" in ihe sense of th aeoond aeotion'Of the fonrlh artiolc of the Conetilmioo; and no State can mek such men eleotor and ruler of this nation un less, ss is true in a few States, Hits be peri m;ited py. tbe mere suiferance of the Gov ernment. I do not objeot to Ibis sufferance wbere loyal men are tbe recipients of it. Let us see how this is now by the great lights of tbe law. 1 first cite Story, (Con titution, section 1108,) who, with irrepress- Oio roroe or reason, declares tnai . ' "If aliens might be admitted indisorlm inately to enjoy all tbe rights of oitizen. at the will of a single State, the Union it self mlht bo endangered by the influx of foreigners hostile to Its Institutions, lgnor- aut or Its forms and inoapable of a due esti mation of its rrivileges. Surely, whether the eleotlve franohis be a right of oitiienship or not ther i no other right o fatally dangerous to be intrusted, "at tho will of a single State," to men not oitlzens, and "hostile to our in stitutions," as the power of icleoting all ine otnoers or tne nation -a power whioh Judge Curtis well declares to be the 'chiefest attribute of oitizonship." Again, sir. Chancellor Kent, (note o. a. o, 229, 1 vol. Comm.,) after deolaring that in Ohio tho right of suffrage is limited to naturalised and native-born oitiien, adds, 'And ao I think it ought to be in all sound policy; and the view taken of the subject in a"!"!"" .J? r. Vf and convict one-ihird of its peeple-and it of the politioal power Of suoh citiienshrp, aad or thought to elect tne national om cora, ia to indict, try, and execute Ihemj and hence that no right oan be doolared (oi failed by a mere act of national sover eignty. In other words, It is alleged that in cases where the guilt and disloyally of vast communities of men are open, notori ous,' oonfesstd, historical, and established by year ar persistent, gonerai, ana universal war, still their Government ia bound to regard (hem a innooent, law-abiding, and patriotic, and worthy to rule the nation unless they ara tried by a jury aad executed I , . , . ,.. : Now, this assertion I meet with a flat in nial; and 1 assert that it ilies into th fao of all law, common, constitutional, and In-, t-irnational; of all reason, ordinary and extraordinary, and of all history, cur owu aud all other nations, Look at those. Take our own reoent and melanoholy experience.' ' We have eight million people, eaoh of whom, with the exception , of ihs women and ohildren, baa made war upon, hi oountry and forfeited, his rights of oitiaenBhip and life. Uuless seoession be legal, then both the treason and forfelldre stand oonfessed by eaoh one of the millions. Now, is it possible that each of theso must be either oonvioted andl exoouled, or else be permitted to be th ruler or thio land r I this great uovern- ment, indeed, so impotent as this, that in matters of Ihia stupendous moment, shown to be absolutely vital to its existenoe, it can ohoose but one of two things, and either on or which two thing arried out, I aainn, would be la'al to tho nation a lire, if it must permit these eigljt, millions who waged four years of war for the nation' death. and wbo may profess neither penitenoe. loyalty, or cbitnge of purpose, to resume the hieheat nowt-rs of Uovei-nmcrnt n'rTdsr lawa . 41, oi atsioyai otatoi wnton exomae rrom gov ernment all tbe loyal men of the state, then that Is national death. If, on the other band, to prevent lhi you must try, conviot, and exeoute these millioni that i both national dishonor ana asatn. It is no escape from this dilemma to aay that I would convict-them and then, not exeoute them, but o-rant ar.nartial nardon sparing life, but forfeiting franchises. That both propose impossibilities and yields the oao impossibilities because no natloa ever did, or will, or can, or ever ought to try Scammoo, 877,) by one of the oounsel who argued the cuie, ib a masterly argument." (See Mr. Butterfleld' argument approved oy jLent, in z ooammon, Again, Mr. Lawrence (in Wheaton, 910) says: if they the States I oan admit to the eleotive franobi-e those who arenotollizen, inereby neutralising tne vote or citizens, not only the Federal power of naturalization becomea a nullity, but in the latter oase a minority of aotual oitlzona by the aid of aliens may control the government of the States, and through the State th Govern ment of the Union. Once more I cite Mr. Calhoun, not merely beoause of lb eminence of his learning ana anility, but maiuiy oeoause or the in- Irlnsio force of what he snys, and that it is said by one not too apt to restrict the pow ers of the States, nor to magnify those of the General Government, In th argument from whioh I have quoted (Wheaton, 006) ne eays: lo suppose that a mat oan make an lien a citizen of the Slate, or oonfer upon him ihe right of voting, would involve the absurdity of giving him a direct and immediate control over tbe action of tbe General Government, from , whioh he ha no ght to olaim proieotion, and to whioh he haa no right to present a petition. That the full foroe of the absurdity may be fell, must te borne in mina that every depart ment of the General Government is either ircclly or indireotly under Ihe control of the vo r in tbe several States." Now, admit that a State may oonfer the ight of voting on all aliens, and it will follow ns a neoossary consequence that we ight have among our constituents persons ho have not the right to olaim the protec tion of the Government or lo present a petition to it. ' ' - But a still greater difficulty remains. uppose a war should be deolared between the United Stale and tha country to whioh he aliens belong. They, as aliens, would be liable to be eeiied under the lawa of Congress, lo have their good confiscated, and themselves sent out of the oountry. Tbo orinoiple that lead to such constquenoea cannot be true." Surely Mr. Calhoun must be right. Surely the States cannot, if Ihe nation ahcnld exercise its right to forbid it, authorise them lo eleot the American President and the Amerioan Congresa, who can neither petition the Government thev eleot, demand ihe protection of the Government tiey eleot, be required to bear arm in favor of lbs Government which tbey eleol, be Iried for treason against the Government they eleot, or remain, in time of. war, in the country whose rulers Ihey elect, and who are, by a law now in force, declared to be, in time of war, tbe enemies of the Government whioh they eleot tand required to be driven from tbe oountry. (See not or tith July, 17U8.) Mr. Speaker, whether a nation endowed, a wo have now eeen our to be, wilh the high attributes of supreme eoverignty a nation with right to life; with right to all pwer required to ward off danger to that lire; with exolusive right to conter, denne, aud control na ioual oitiienship; with right, it it so oboose, to exclude aliens rrom be. coming oitiieus, and from either electing our rulere or domanding our proteotion until this nation shall deem ihem fit to be come suob; whether suoh a nation may withdraw Ihe power of electing our rulers from men who have turned enemies of tho Gov ernment and discarded all the duties of citisenahip is the momentous inquiry to whioh an t nave aam was airectea. 11 tt be so that your Government h is not this power, then, indeed, is it a prodigy of Ihe hideous, a paragon of deformity, a very miraole of Ihe monstrous, whioh ba neither a peer nor proximate in the past of nations. Look at the apeotaolc A supreme Gov ernment exclusively creating and control ling allegiance and oiuienship; but with Slate in that Government able to enaot into supreme laws that all who hava by aot of treason prored their purpose lo destroy the Government shall elect its rulers, and lhat all who have not done thla shall not vol ftr these ruler I You htvo a Govern ment with exclusive power to deotde whom it Will permit to bear from Stat to Stat ike right of abode, of holding land, aad of exemption from unusual taxes, and yet with power in the State to declare that none but those whom tbe Union will not permit to bare theae lowest right of ettiienshlp shall elect all of the nation supreme magistral!. Von have a Congress able to make what th Constitution declare lo be "th supreme law of the land," but wilh power in the States to enaot by law that none ahall vote in electing that Congress but they who, by taking pait in rebellion," have shown Ibat theyi aim t the deetruotion of both Con- gtcsr and it supreme law. Ton have a natloa bouna to exnausi every uouar oi ii treasur and (very drop of ii loyal blood td defend th right and avenge the wrong of it oiltiens, and yet with no power In that natloa to deoiare that Maton, In England, and Slidell, in Franoe, and Surratt ernment to that citisen a th prio of that and Saunders, in Canada, have ceased to allgla( and whin soon leitnu not roog bar th right of oltinnij asl you are, yields the case because if a conditional and and partial amnesty, which spares life but forfeits right of oitiienship, oan be grant- ea alter conviction, so it. oan berore, when tne guilt is open and oonreascd. (u Opin ions Atlorneya General, 20; Suiter' oase, t'nti. H , suz i am not now to be under stood as saying that a Government whioh assumes to exolude dangerous men from oitiienship, or from higher powers than citizenship, as the elective franohiso, deals witn them in puniscment or crime, or that in oonceding to such men some right of oitusns, as that or resldonor, ana depriving tnem or oinerr, as mat or voiing, tbe Gov. ernment is either punishing or pardoning crime as such. Such act ara no more a puiiisbment of orime than the exclusion of aliens from the rights of citiieni is a pun ishment or orime. Ana to admit snob dangerous men to some rights of citizenship, aa thnt of residing in th country, and of sparing their lives, is no more an asaump. tion or tbe I'rtaident pardoning cover man to permit auone to reside ana own property ln the oountry is a pardon. These very same considerations prorent suoh law rrom being bills or attainder, or of pain and penalties. Tbi4 I argue not, beoause it is self-evident. 1 ou can no more pun ish and forfeit the property of an alien resident of tho United States by the enactment of "attaindor," or 'pains and ponalty" statutes, than you can so punish a oitiien; and yet wbo ever dreamed that the aot of July G; 1708, buniibing such aliens in lime of war, was a bill of pains and penalties. ir it be true that our uovernment oan withhold from none who are native of our oountry tho powor of oitiienship, and if it cannot rortcit theso powers by act of law and wittout.oonviction, when Ihe oiliion bus openly renounced' aud trampled upon his obligations as a oiti sen, then some of ihe results would be the following: your Government oou'd not exolude from oitiien ship the tribes of American Indians, at east not such as pay any lax. And yet that exclusion is as old aa the Government. Neither oould your Govornment exclude from powers of government pirates, or bands of robbers, or guerrillas, who are na tivos of your oountry and unconvicted. Aud yet eucli mon, by tbe law of nations. arc not only not citizens of any oountry, but are the declared enemies of the human noe, whom any nation may destroy whenever found. ,, , Neither oould you dtclare men who flee their oountry in limo of war to escape ren dering to it military service to have lost ouizenship. Suoh men you cannot ' try as criminals, or oonvicl, because your prooess cannot reach tbem, and besides, the aot of torrelture may be one constituting no de- fiued orime. Th-n, too, may Mason, Slidell, UreokinriJge and WigfalL all not only de mand tbe rights of citizen suitors in your courts, but, as nas been said before, may demand that ail this nation' loyal blood shall be expended in war to defend their rights and avenge their injuries, , ,-' We have already seen that Ihe highest International authoiity in Ihe world ao expressly declare the law wheu he says that if a citizen doeB not "obeerve his engagements to Ihe Government, l lien the Government ia not bound to fulfil it, a lb oontraot is reciprocal between sooioty and its members," and that it ia "on thio prinoiple also that society may expel a member who violates its laws." (Vattel, 100) . Ther is no Rutuority nor judgment of any oourt that does not take for granted and assume as a postulate ihe vory thing I now strive lo establish, lo wit, that nations may exolude ftom nil national oitizonship, lollowship, and rights men whose olarnoier is wholly inoempatiblo with Ihe enjoyment of suoh right. Take in proof ot tbis the learned opinion of the Attornev General, Bates, already quoted, in which he assumes that ir a man's character "is so in-oomptttibla with oiliieimhip that tba two oaunot exist together" then he oannot b a citizin. Or lake the definition of what a oiliz.n is I paro not whose definition you select. You may take Ihe oldeat, a that of Arietotle, that it i one who "enjoy a due share in tbe government of that community of whioh be ia a member," or you may uih idh oi vauei, inai iney are oitiien who "are member of the civil aooietv. bound to this society by oertain duties, and ubjeot to il authority: they equally par ticlpale in its advantage " la every dtfinltion It Is assumed that be ia not entitled to be a oitiien wbo doss not dis charge Ihe duties whioh "bind" him to loolety and entitle him to bo "a member of th Government in whioh ho (bare ita powor." tir take in runner proof or this th ax- prosa authority of (very writer npon public law, an or wnom, me vattel, asssrt the power In tbe sovereign to deprive an of oitiienship who will not perform bisdullr. Professor Folic (vol. 1, P. 146) expressly asserts ihe power of tbe sovereign to forfeit oltixsnship, and indeed so doe every other judicium writer on public law. BISTORT. Ah i sol, and never was, a civiliiad na tion la which th sovereign did not noia ad xaroiM th power of forfeiting, and taking away, and that by law or edict of the uvereign "right of oitiienship when it Uulie were not reoogniisd or rendered. . lAooeptiag foreign oiliienahip forfeit all it right in Franoe; and so doe taking a foreign offioe. - (Wheaton, 922 ) The aam ia trn i Prusaia. (76, 922 ) ' On who abandon hi oountry forfeit oitiienship in Austria. 1 Aa Englishman loses hi right a a British aubjecl by adhering to a foreign Power. (Wheaton, 917; 2 Blackatone, 410.) Ther lun ia tba law ( Bavaria, of Wuitemburg, of Russia, and of Spain. Tha same law ha been enforced again and again by Switzerland, and by every other European State; and that throughout all th period of oivliiiea history. ' Mr". HALE. 'Will' the gentleman from Ohio permit me to ask him a question npon the point be I now discussing? . P Mr. BHtSLLAHAttUKH., lot, Sir. Mr. HALE. I desire lo Inquire whether this forfeiture of whioh th gentleman peaks oan ever operate nntll officially found by a oourt of competent jurisdlotion? "Mr. SHELLABABGhK. I answer the gentleman that It does take effeot by aot of the sovereign in the enaolment of the law or edict, whichever may be the cannot of communicating tbe national will upon that eubjeot-mattar; aad he will ao find upon an examination of th authorities. , I have not appealed to these to show that our Government ba lb arbitrary power over tha oitiien whioh is held by th aoso luia Power of Europe, for it i not ao. 1 appeal to theae t show lhat, during all time, and in every truly sovereign Stat which haa the power to demand allegiance, and to confer oitiienship, and to define it duties, whether that State be, like Austria and Russia, an absolute monarohy, or, like isnglnnd, a limited one, or, like Switzerland and Rome, republics, they could alao withdraw the same oitisensbip from them who performed nan of theso duties. The two power or conferring ana witn rawing are in their nature inseparable. That would be a preposterous state of national sovereignty that can define by general law what kind of faith, allegianoe, and duties don ehall alone admit one to beoome oitiien and to demand bia Government proteotion, and yet that Government be ut terly powerless to deoiare by similar law that the citizenship had ceased when all the duties of oitizenshin were utterly dis carded and incorrigible treason waa put in their plaoe. THE UNITED STATES. I now assert Ibat this very power in ques tion, of withdrawing and withholding either aom or all of th right of oiiiseosbip rrom tbem who renounoe their allegiance, ba been exercised by your Government ever since it was in existenoe, end by the State before it was a Government. There waa ttot a Stat4 in which during the war of the Revolution laws war not passed forfeiting right of oitiienship of them wbo adhered to the enemies of the country. The dates and titles of these aola will be found in 1 American State Paper, paga 198. I oannot here refer to more than one or two, whioh will give a just idea of tbe oharaotor and legal effeot of all ' Two year after th treaty of peao of 1783, Georgia and South Carolina passed lawa forever disfranchising them who had made war against tbe United Slates; and Sir George Hammond, tho British Minister, in his elaborate debate with Mr. Jefferson aa to these law disfranchising and im povcrishing theso rebels, shows that these' laws were in foroe in a majority or tne Statea ten yean after that treaty, and long after the adoption of our present Constitution. In 1787, Massachusetts passed a law which, for three year, excluded rrom voting, holding office, teaching sobool, and keeping hotel, all oitlzens of Massachusetts who bad the year before engaged in the insignificant rebellion againat Massaohusotts whioh waa headed by Daniel Bha) s. inoso who nod fire I en or wounded any oitizen were forev or deprived of oitiienship, as waa Shays and his principal officers. Afterward soma of them who bad fired upon oit'zens were per mitted lo recover their oitiienship by proving penitence end loyalty, and by taking an oath of allegianoe. Mr. HALE. Will the gentleman permit again a aingle questtonr Mr. ttrlrJLibABAKUriK. res, sir. Mr. HALE. Did not every one of tboie lawa to whioh the gentleman has referred involve Ihe trial, conviotion, and sentenoe of th persons thus disfranchised before a oourt of competent jurisdiction? Mr. BHGLLABARGER. I answer Ihe gentleman, no, air: Besides theso gentlemen will find lhat one of our naturalization laws, that of 29th Marob, 1799, was repeal. ed, in part, beoause it exoluded from oiti ienship only those "proscribed" by the State laws, and did not inolude, in terms at least, those "legally oonvioted." And the repealing aot of 29th January, 1796, added to those proBoribed the other olass of them oonvioted, making Iheolause read: '-No person heretofore proscribed by any State, or who has been legally oonvioted of having (oinod the army of Great Britain," &o. So the law of 1802, now in foroe, is. So that either and both classes, the proscribed and ihe convicted, are exoluded from Amerioan oitiienship. Mr. UAI.K. Then will ihe gentleman tell me bow, under those law, Ihe faot of having been engaged in such rebellion was ever lo be asosrtaineu r Mr.SHKLLABARGER. Now, Mr. Speak er, I will state, in answer to that question, tbnt a very proper provision in a law upon this subjeot, in exeoulion of the power for whioh I am oontendiog, wou'd be to provide by law that wherever one who, ooming apparently within the description of those prosorlbed, olaimed to bo onutied to exeroise the prohibited right he should be per mitted lo estahlish MB right by prools. Now. Iben. I go on with my arguments and th gentleman will sec bb I prooecd how unimportant are the suggestions he make. I The cower of these States lo nats Ihaao taw forfeiting Ihe right to vote, and these other rights, was, I beliove, never disputed in tbs disaussion with Mr. Jefferson by the Ilritisb Uovernment. many or these laws ware long after tho treaty, By bo b the British and American interpretation of lhat treaty they who wero in Ihe United Stales at its date, and who adhered to our Government, thereby became citizens of Ihe United states. These aoi or the slate Legislatures, especially Ibat touching fluys' rebellion, turned them into disfranchised men wbo never adhered to any foreign Government, never were out of the United Stales, and wbo, but for these laws, would have been oitizen of the United State. And yet some of these laws, without any trial or oonviolion, forever disfranchised them. Seme of these law punished particular individuals bynameforapeoified offenses. Theae were acta of attainder or of pain and penalties, and suoh the United State may not now, owing lo an express constitutional provision, pass. But suoh as provided generally for forfeiting Citizenship where men bad renounced their allegianoe, were not bills of attainder, are ot prohibited by our Constitution, and are a most ordinsry and just exercise of a sovereign power whioh waa and is conoeded by all our hiatory to have been possessed by every one of the oolonies. And ahall it be endured now, that this great nation ahall hold less po ver over national alle.l-ane when it ia voluntarily discarded by a traitor than these oolonies had ? Mr. HALE. 1 take a deep interest in the gentleman' argument, and if he doe not ink offense, I wonld like to ask him a question.Mr. SttELLABARGER. I will yield to the gentleman with pleasure, i Mr. HALE. As I understand the drift of th gentleman'a argument now, it ia that Congress may lawfully enaot to day forfeiture of oitiienship a a penalty for having been engaged in tha rebellion against the Government I believe I am oorreot in that understanding. Then I submit whither tbeie i not another difficulty in th case, whioh ia (imply this: that by another ex- Erees provision of th Constitution, which haa omitted to notice, h is again pre cluded, for th Imposition of a now penally d before for any orime whatsoever, oommlltet tha pi s -age of lb aot la expressly and di- reotly within Ihe definition of an ex votl foelo law; and whether it I not thereby roroidden ny tne uonsiitution or the United der. I do not propose to argue or elaborate aay suggestion, if to day w may by gir-lation enact the penalty of the lossofcitl enibip for rebellion or disloyalty, may w not by the same operation enaot another or different penalty before th passage of th Mir Mr. SQELLABARGBR. Mr. Speaker, th gentlemen know, of course, that no law is ez pott facto which ia not both a otiminal law and on punishing an act in a mannar in which it was aot puniahabl when it wa done. But be forget what ha ao abund antly appeared already in what I have stid, mat tha high obligations of eitiiin hip or aot created by criminal law, but ar.se out or that reoiprooal, oivil, and po litical oontraot of th oommon and interna tional law whioh thee denominate "alle gianoe," "the bond," "the ligamen!' He forget lhat th obligation of these and th penaltie watch their violation bring lo in violator, all existed when Ihe so men discarded their allegiance, and that tbe forfeiture, on their part, of righla then ao rrued. For tbis Government now to accept ana oy law declare that rorfeitura now to aooept anl by law declare that forfeiture tt ns already aocrucd, I neither attaching new penaitits to an act nor punishing crime, as such, at all. Th obligation of oiuirnihip are aa old a th Uovernment; as old a any Government. They aria not at all out of any criminal law; their violation Is a violatioa of oivil and politioal obligations, and work a forfeitur of the right lo demand national proteotion and right. a well where then is ao law defining or puuishing the act, or any aot, either as treason or a any other orime; and also a well when the act of for-featurs is no defined orime (suoh aa abandoning oountry to avoid defending it) aa where it is treason. When, through Mr. Webster, tbis Government withheld from Thresher, Hie righi of an Amerioan oitiien to demand the Government' preteoiion, and thus forfeited tbe highest right of th oilisen, th Government did not thereby impose new or a poet facto punishment, beoause lhat no law existed prohibiting the ot (whioh worked the forfeiture) of going abroad and engaging in Ihe Lopei expedition. Of course these forleitures ought never be resorted to exoept where tbe adjuration of allegiance is open and notorious; and these should not be extended to forfeiture of property, but only, 'as in Thresher's case, to withholding political power and protection. Bat, sir.-I go on. From the day of iti birtn to mis hour, your uovernment has by aot or tjongres both asserted and exerois-ed this identioal power for whioh I argue. These acts bear dale respectively April 14, 1802, andlMarcb 29, 1790, and were signed by Waahiogton and Jefferson. These act all expressly provide that no person pro, eoribed by any of these Stat law to whicn 1 have alluded shall ever be admitted to be- oome cltisem of tbe United State without the assent of tbe Btalos. These act of Congresa ara not poinlel to aa oase wbere Hi aot themsclve first worked the forfeiture, for that wa don by th Stat law proscribing th traitor nut i ao reier lo tbem ror tbe supremely important purpose of showing that itjia stood ror seventy-seven year an un questioned and unreversed judgment of the nation, that It is right and wiae pernet ually to deprive, by mere aot of law, and without trial or oonviction for any otlense, men who an open and notorious rebel of ausuon rights and power of oitiienship as tbe public requires to be withheld or rorreitod, and this, too, against native or tin country who have never left it. These laws won passed by the men who made your Constitution. They have re mained upon your atatute-book, and have been enforoed throughout every day of your national existence. To-day, they remain there, standing almost alone now, of all the statutes or our national era, wit- nesses of that strange sagacity, genius, and power which oonoeived and planned and reared the awful structure of the Republio, and which atarted that Republio down through the ages upon its career of power ana grandeur. Taere stand these statutes. yet, like sentinels with swords of name at the gate of Eden, guarding the en trance to our national fellowship and power; and like monuments, too, of tbe wisdom of ihe Government's au thor. These monument of the nation' ori gin an now covered with the gray mosses or near a hundred years, and tbree genera tions of tbe nation's children have passed to the dead beneath tbelr shade. And still they stand there to-day, their foundations resting upon Ihe granites, justioe and law, upon which lie, io eternal repose, the deep foundations of tbe Republio itself. And all over them, from base lo summit, is written in chanctera aa plain as those traoed 'by the fingers of a man's hand over against ihe oandiosliok upon the plaster of the wall of the King's palace," that trutb, upon which all human government is founded, and upon which stands the government of God; that true allegiance and fidelity to Uovernment I Ihe only foundation of Uovernment that oan be; and that men fall from ciiiienship by the same "Bin by which fell the angels. But. Mr. Speaker, I quit Ihia presenta tion of the authorities by pointing my coun trymen, and you, fellow-members of this House, to the last and most terrible years of your lifo. In those fearful ovonts which have been around you, and when good men bad forgotlen the partisan in the patriot,and when they were grasping with Ihe awful energies of despair for tho wisest and bast means of natto al existenoe, you have again and again re-enaoted these principlea of tne iicroiuiion; ana your aois or congress bsar the now immortal signature of your honored and lamented President. Ub, how lamented now I By more not of law yeu have confiscated landr; you have deprived of power lo hold office; you have deprived of the power lo vote; and have wholly lorreited every quality or oitiienship. The act of March 8, 18U6, is an eiercise of the very right of forfeiture without trial for wbicb I argue. That act provides that "All persons who have deserted the military or naval Bervtoe of the Uni- tea ota es and who do not report ror duly within a prescribed lime "shall be deemed and taken to have voluntary relinquished and forfeited the rights of oitiienship, and Iheir right to beoome oitlzens; and euoh deserters shall be forever incapable of holding any offioe of trust or profit under tbe United States or or exer- oiBing any right oi ouizenship. ' Unless Bomeoody shsll hereafter appear n the world -strong enough to show that to desert our armies is a higher otlense against the duties or oiluenslnp and a plainer re inquishment and rorleilure or its rights than four years of war against the nation's existence is, then this law will aland as a pno'ioal assertion, exeroise, and appltct-tion of all th national powers of self-pre servation for which I contend. Mr. Speaker, I here quit my great theme, reoommending lo my fellow-members and to this great people to oomplet the argument upon tbe element aed force of which I have scarcely enterod. But, air, even in what I have bo poorly said, the right of this nation to enaot a law to ozolude from the high powers of the nation ihem who, by treason, have beoome ita enemies, and not it oltisens, Is seen to be established, nay, sir, irresistibly established, by Ihe very nature of all government; by the comblno I foroe of reaaon, justioe, and publio virtue: by tbe very terms, nature, and origin of iliiemhlp; by the paramount allegiance wed by tbe people or tn uovernment of the United State aa Ihe "uprm lawof the land;'1 by the precepts of th international law: by tbe usage or an other civilized na. tion, and by th unvarying p radioes of our own. Sir, if, indeed, 't lis ao tbat all the ara not enough to establish as among th pow-an of our great and beloved, but moat in jured Govornmonl, tha merest right of self- defense, and ir, Inueeu, tne cniei arcnilecla of that ruin of Statea, which Ilea there before you yet, almost unaleviated; if th obief actor of thio orime, a orim whoia infernal shades and glares an, in all th long future, lo at once darken and abow all that Ib bad In human history; if all then chiefs of human Infamy, with blood-drop dripping from every finger' nd, and from eaob particular nair, it uicb ui.u, unre pentant, uoaneled, "ni reoioning made," may stalk baok, not to ordinary right of oillzenanip meioly, out to me mgner, gran. lion; nay, may oome hen into th very atnotuary of the nation' .life, and to lib-eriy'a laat nlnat, and may oome, too, aa tha rulen of th Republio, and all this Ib defi-anoe of all power ia th Govornment to forbid it, then, air, have the preoept of all reaeoo, all law, all morality, all history, all eipenence, ana an common justice been discarded in tbo making of yonr Govorn ment; and Iben I turn away from looking at my country rutur in anguish, in despair oi in rvepubiio. - - t - k;. But, Mr. Speaker, it 1 not , Your country and mine has the power lo be, and me nepuouo will live. I now appeal to hiatory, I assert lhat State, just as effectually as bill of Uia- dsr powen tf ileotor of thi mighty na. Personal and Miscellaneous. KxrarcnrrEajinpLT conni-debed ii 1TSKL.B- Mtl BLENBIHI. IROM TUN LATIN OT PAL1NQENIUB, Not wins, as wlaa, mi a than, bat M It an froai sack or moh vlnugt; Ms IbBssnw With U'ewkloh simply mast be nodentood . A blank ni gallon, ir It ba cot goo! Bat If 'tis wrstebed all ss Bten decline And loath the soar lew of eorrapted wiae, 'lis so to bs ooatessntd. H.r.lj lo S. Is not the bran to es-.k, nor 111 to are, Beelnf that eviry vilest little thing ', Has It la coaimoa, rrom a suit's smalt wlr-g , A orMping worn, down to tbm moveless stone Aodornmbling bark Iron tress, Unless lo be And to ba blMt bsoaa, I oiBBOt sie In bare existsaes, as exlstsai e, avght 1 hat's wor. by to be K red, or lo be sought. : 0i,l Lamb. " Train op a child in the way he should go," seem to mean, m Pike oounly, Mi, ourl, to teaoh a boy horse stealing. 'What 1 the best attitude for self-de fense?' said a pupil to a well known pugil ist. ' Keep a oivil tongue in your bead," waa the significant reply. We ar told by one of th Jenkinses of the New York pros, that Fanny Fern 1 fifty year old, and bear a atrikiog resemblance to her brother, N. P. Willi. A celebrated oomposer, aay th London Orchatra, wrot to a friend, requesting th pleasure of hi oompany "to luaobeon, key of 0." Hi friend, a tboioogh musician. Interpreted th invitation rightly, and cam to tbe composer' house for lunoheon, at onttharp. Th Now Haven Common Counoil ha been petitioned to abate as a nuisance on of tbe colored Methodist ohurche then, on eooount of unreasonably loud ringing and praying. A Boston man paid 326 for twenty-five share in a copper mining oompany, and be haa gladly given the stock to a tailor for a new spring overooat. Mr. George II. Boker, of Philadelphia, i understood to have finished a poem of considerable length, entitled "Th Story of th Hound.", Tha reputation of th pott satisfies ub that it wili not be men doggerel., j At Liverpool, recently, Mr. : Charle Mathews, tha aolor, aaid to a friend: "By th way, it i exactly aixty-tw yean slno I mad my first appearance in Liverpool." "Bear me I in what character wa that?" asked the friend. "In the ohareoter of a baby," wa lh reply. "I wa born ln tba next (trset just sixty-two yean ago." The owner of a large dog at Grand Rap ids, Miohigsn, a few days ago placed a ona hundred dollar looking glass before his) canine to worry him. The dog flew around, barking and growling. The owner wa delighted and cried "Sick 'em;" thedog "sicked;" tha mirror and the "other dog" disappeared at the aam time. Tbe jok rather turned on the owner. Tbe laws of cast arc ao rigidly enforced in England, that even Cbarlea Dickens ii not invited to what iti membera choose lo oall " the best loe'ely," He I manfully Independent of "Milord," however, and when ba wa requested by th Queen to take part In aom amateur dramatio performance, ha "declined to go a a performer, where ha could not a a private gentleman." The theater going publio of Constantino ple is toon to have a eoriea of Shakespearean performance by Ira Aldridge, th negro tragedian, who ha made a tucoessful lour through Russia. Arrangements have been made for hi appearance In Othello, Hamlet, and a round of other Shakespeare an characters, at the Frenoh iheater In Constantinople, where he will himself deliver hia part in English, and be played up to la French by tha looal oompany. , It ia a curioua oircumgtano that Ihe Hon' John P. Hale, who lately petitioned for an! Inonase of hi salary a Minister to Spain I ia an applioant for lb U. S. Dlstrlot Judgeship litely mad vacant in Termini. It mey be inferred from thi that Mr. Hal J oonsiden 2,000 in ourreney worth more at boma than $12,000 In gold at Madrid, with the dignity of a Minister to keep np. The late D. S. Dickinson left two brothers and two daughter. Hi brothers an John R. Dickinson, Esq , of Chioago, and Erastus Dickinson, Esq., of Ellioottvill, N. Y. Hi daughter are Mra. Samuel G. Courtney, of New York, and Mn. John Traoy Mygntl, of Bmghamtoo. By a eon, now deoeasoJ, Mr. Dicklnaon bad two grandsons, who have for many yean been members of hi house hold. Their ages ara respectively 14 and Mr. Diokinson bad an insurano of 126,000 on hi life. On Ihe door of on of tbe room in South College, Yale, I tha following notice: "No soap needed here at present; no nioe cigars wanted; no old oloihes in this room. No-ticr: no oontributions to infirm negroes, oidien and lone widow with eighteen children. No relief for dcatitute marinen from returning blookads runners, wilh a small smell of whiBky. General Noiioe To all whom it may ooncern: Applicants for oharlly are hereby informed that the cooupanla of thi room hava gone fishing, and won't b homo till morning. No nio-laeses or pop oora wanted. No app'er, lemon or orange needed for a few day to oom." A London writer says : " Lik tbe Divorce Court, lha Bankruptcy Court ia occasionally visited by distinguished and aristooratio personage. Lord G. Towniend, Lord Gordon, Earl Buchan, and othen have lately taken 'the benefit of lha act,' and now we hava the blood royal going through th whitewashing prooess. A disoharge was lately granted to Lady Georgiana Augusta Frederioa llentlelta Cavendish Beniinck, a grand daughter of George IV, and Mra. Elliott, known in th world of le'.ten as 1 Grace) Dalrjmple."' BOOKS. BooUar at,tionrr JOB. W. BUSY O.', Wholesale and Retail -' 1 BOOKSELLERS & STATIONERS, So. 199 FouUt High f treet, i VKIOH BLOBIC, . , ,,., , Ooltunbtui, Olalo. Constantly oa band all th leading Lair, Medical and Sehol BMks; ' A fall and oonplit. BMorrnsBt of 1 Blank Books and Stationery. WIMMlWIHtBHI, " ' PAINTIkWn, li , rmilREfl and Pit TIHKtH AMEN. WhalBMl and Kctalr. I.ITHOUKA r H I , JOB PHIKtlNtl AND UIMUIMU. (;.,, rCneatv Ofllxa. BBllroadi. II.hI. m Ynmr. avos Ocmpael .applied. niBrB-dSBi Pure White Lead! White Lead tt Color Works 'PHI UNDKBSfONID HAVING1 URGENTLY JL larantMNi tba hit Lkau Wniki idirmavr t? known a Iti work of Mtun. tltiriiav.n. Hi Hi h Oo., bit' nore fcrDtty ib Pttnuix Whit L-arl m& Color Work." WOatli ftl th nftsntlan of DmU ra and Paint tt our l'UUCNIX HHANU or PUBB WHITK fiKAD, vblnh t Iwtng mide att&r thetviveiftl aptr .iiD of II r. Bit p. who hu had an rxprriaoori of tDtj-fl jaan la h aaaaa-fi nrauf 1 i( aad waa t.e maker of lha trntl ao lo g and favorably huuvn "Harrfauo, Hllla A Oo V Pu n Vh!tt trad. Wa thrM r VI opo-fllaftnf bdaab'efu fort Is li dtalera aud noofedm- ara wl'fc aa aMloif of , , . Itli. PIT ftE WHITE 1 Kl which ahall haa nn nnarlor, f r,.or la Amatleaa or oginh DIIDIlfnCtltrO. roi atlo ij uoaitra tn ra'n a gt-or rally. (r'- ECKtJTH S, BIIXS ale CO., KO. BUBHKT ST., " '' ap t dim OMto.o .. . CIWJtIVATI, Ooisot and fckirt Fmporiiim, ' NO 84 K4V1' TOWS ST. - r.T WR WOm.D IKVITB THIS IADIB3 0 CO-IidMHUH lo cat! and BMmliiitoiir npwat,. Aiuerlan orMt, wMiaoud whalb-n, and man- trtiai tiie b-wt uixtttirtal, MUn T 11 a, ''London Royal Cord" and -Jhblt, tutb ilalu anl rtotilj aiabraldrad. .. Al o, Maol-m toy Comet Mltlrt Nnp-porter, wh cli 1 'n itei!nt Oor ot for InYida, an t U i.nm .1 jr ilkfl. Wt kffp oa hand bo'h French and Q Titian Uoraati; alio, the latoat at; In Hoop Slclr t Lidia Ib itf-ndaDoa, AGE T8 VVANTKD-H'O LadlM, to aaU VafJam Foj'i O.-raet Skirt Support-x. V. 11 BA DSD IBS 00. , apr8 In No. 61 Fast Town ar Co nmtua, 0 BAMY & CONFICTIOKERK. Tlieo. sJouee, Wholeisle A Itotail Doale Iu BREAD, ' ( HACHF.KS, ; - ' CAKES, "" 1 . ' cAsniEs . ,,T, FKUITS, BAKGRT A CONFECTIOSERV No. 230 South High at., feblTSa Oolumbua o' llsJCKlAlU VAJLLEY -'I Transportation Line, TBl-WIXKLY 1JTKH FROM Oni.VHBVTS Yd Isinoaatt-r, It-van, IHalittnvtlla, (ainooy, and Atbttua kid all pomta oa tha UtOn.lagUaaa. Thla Liuala couiroaed vt . ( FIRST CLASS BO4T0V Built Mpraeil for t. trada, and Merchant a and BhlDtv-ra oan re If on their ir jfnntntaa and aif.i- On and attar . . . ;. t , A1HII. rillMT. I960. A Boat will leaTe ever o'hsr day for tha aiova namajpoina. , . v - , f-, Frtlfeht roct-lvfd at our Wanhoua at Faat and Waat aid of Katltml Bridge. Offio -87 Veal Broal airaet. fi. FITOB tOai.-i irfiOlf nt ,( GolambaSgChilHoothe ft Portumoutl I -A. O K XI T t t ant And Fast Freight Liue; PASSING E a PACKETS LEAVR FROM FOOT of Bioad atrtat ou Blond ay a, Wudaeadaya and rridaia 'or tlrclttllle.Oh'lliroiha. Jwrjar. WaTtiilv 8h ironTlllf and Portantouih coiitienting at Portli. moatb lh Steamer a itr Pomnroy, a.lUpolli. Iroatnn and all Landing tin the O Jo Blrer. ThBita aro,orotd-d wl'h 1 oa tia'ni for tha t'aoaml at in of Valuable Taikattr-v Paataxgi.ra wl l fiid thta tho rnd's-1 ciifnrlab'a and p ttaattt nitdj of trav licg doarn lha Salato !'?. ... ... ..... rrtirin reeeirei at onr wrreninara at Ktai na-Weat i d ot ISa-.lon.l Brldga. ffle7jWet Br jail Stieat. U. Fl (OU 6QN. mm tt ' " JVOTICK IO CONTRACTOHS. S VALID PROPOSALS- WILt BB RlBlVBD i j tha andanlgaed at tba offloa of the Board of Public Worfca, In tha city of GoluniLua, on MOM- ' DAT, tha 80th o A(ill, 1008. butwetn tha houra of S and 4 o'clock P. M. of a ltd day, lor tha del t faring and breaking: If rue atone oa tho National Mod he tweea the UOih and 13iu rail, aa nn-utiarea weafc from Wheeling. The a Mount to ba feUerad on tha different mllr la aa folio wa; On mi lea lttl, U2 and 123. 90 roJa eaoh: on mllea 124 aud 125, 80 rode each; on mlla 128 .! ad 182 M roda each: on ml let 13t, 18S, IttO, 187 and IW, 116 roda amah. - Blddara muat atate tbe price per rod of 100 eabla tVt. Tha atone tob delivered at eaoh place on tha different mtlte, aa tba Reaidont JCuglnear may d algoat, aud to b brcken to a alia not exceeding (bur onaeri In weight. " " Bid? for the hrtaklnc and delircrlna moat hat axpavate. J ne right to n j ot dihh ia rw Ted. JOHN A. BLAIK, Riatdont nglnaar.'1 ' Cclumuai, alarrh ao, 18U MartiM Stateaman oopy.1 Ladies desiring a Clear and Muring COM" mm .CiTvA'f' Vv mm rlntvnnirn GEOKGEW.LAfRD: Thi deTI'fatfnl Toilet article taa no anal for Pi. aarviog and Beautifying tha Oomp aslon and fikln).. Vrpot. 74 Fl I.TON HTREBT. jr. T."1" Lbiodomjcco, ay i v Wsndall Phillip lectured at Tannton, on Thoraday evening, and at tha oloaa of th lecture, having learned that th conrae had not bee auoeessful in a financial war da. olined to reoelv th usnal tm.Nni Hertford Jlmaery, April 21. '"i ' An axchanc horrified it resdsra with th heading line, "Jeff. Davis Koasted," bnt a peraual of the paragraph, abowed tbat It referred only to a reoent incident in Mobile, and lhat tne editor meant to y " toaated." EYE AND EAR. " ' 7. IR. W. A. HMAPP, OfrajlUtL (formerly or N. Y.,) eiolaalralj treata lHafneta. Placaaea ol tba Xyea, And tn .... Artllll Wttmm ..- . aova, at No. 130 tooth Blgh a treat, (oppoelte tM ' Ouoda'-e Honee,) In Colnrolmi, Ohio. Alao furnlehea or malla hia bouk on tha Rye and Bar, for 40 eenta. frae of poatagito any addraaa-. Uuedlj.,' wt2T mar JOB. B. ITBTIiraOlt. AML rHB . STETENStllV 4PESS, .. Attorneys at Law, H. B.'0rBalw TnlrlSt,,Clnelaamtt,', ,11411 . TP o r Mai Tnn NATIONAL HOTEL BPILDINO, BBAB Ualon Depot, Oo'umtiui Ohio. The Parol-tnr aad Steak will ba Bold with tba ha lid lag or aeparetvly. nt tba dUortfelOB of the pnroheeer. aprt tf BimoliDB.

f "r- j"vs 1 ' IB.lIWti'fc' .. i nib IT t'lliHj' if TBHOF ADVERTISING; 4 . si 1EBHS OF SCBSCKIPTIOy. THUS Of THI DAILY TOOBRU, - rgle InbMrtbtn, 1 jmrt (ty oo Stogie 8abferibr, 0 mootbg, tMtww 4 M ngUiabaorlberg, S aioithf. 8 Dglf SubKrlbers, 1 month, ..-!";". I m SIugleSubMriben, 1 ninth, MllTdWMMH, 0 90 dingtoenbMriben, perWMkf4Unr4...HMM1H 020 Fe dtgwBti, ln luthi, 10 eealeprJrawknehoopy. fSBlU OT THI TII'WIIILT JOOBHAX. t ytr.w.M,...H....f 00 I 6 MOttth.H.MH;.J 28 Piiir 9ne gqaare, each lowtloo... 0 T " tDoeli Motioee tar tkiuare. Mob ww tn....... ...tl V Loot I and BaalufM Huttaata. Mr 11m. fc t1! jft fliaii mil iiiuilllllBIIHI 0 JO r" J ' O Local bad BuilLtfl Rottoea. Mr Use. cub ilwUm,.. ........ 0 SO UTOoe Squre orra thrasM-tata f m 3; Marrtag NqIiom MoU, whea nnderflre llnea. Book aad Job Printing neatly tod promptly VOLUME XXVIII COLUMBUS; :'. OHIO, 1 "THURSDAY MORNING, APRIL 26, 1866. NUMBER . 243. ... 1 16 1 1 AOnUl... 0 40 'Jill yt M.'it-'ti ' J tt VIBH or III WUJr.LT SOV.XAH single 8nht1brnl per yfer. ... n , n.,., , JOURNAL. Business Directory. BBAHCK. MilKTUN ft., Aiturn.j B1L.W, Ambo,' Bailnng, 670. Hlghtsl. J.BlT Oat f()X,I. CI., Drain Id I'm Tobaceo Bad Ogara, V ffo. V' BoaiB wga B. - jaaia ai nOWin. IE. M , Phjslclu ud Surfon, Ko. 5 Xr vipr Jt on diuck. j.bu ty AOUMtll. A., Jr.. Naur; labile, Joknm Dlof K. 117 B.min M-gn II J.BI7 IT HIJUMK4, MNBtUKirr tethkb, -HnilunnN of Tranks and VbIIm., Mm. JM.Bill l:oo!S High street. JaolS lm I, , HoUry Pa&Uo and Jaitleoef .n Bin TIlTl lIIIsHOSf, I. A., Olaim A,bbi, 117 Sonla ' alga .i.,op. I.I nBUOIl.l D jb.u ij T INI) KM AN X dt'.,LWoctkuiaod " XI lianunri Ambo.' B.iiltling. J.nis ij " TiOLt.tltl BltWRa.Pirnmra. OI.M En X gta..ra and Baal Batata Agents, H 13 Wast IBTBIirtWI. TTB1TI. WM ' XX tha PtBQ". 17 ''pq'b High .trial OBIT, oiiiJ. J.nW lr aiuien ud farce in, mil nai Kxcnangs u'k Banding. iboit iy CUlBAgt. iff OHRM'KM HAB4JBK. M. ., 011 Hl.u Kt fourth. narM8 lyr l niAIiI.Bf ADttR, T. W Netary Pnblle A Olalm A i, ainoo)' nuiiaiQg, r7 o tiiga tt. jiU7 ijr "Mf. 0 Shellabarget's Sp )eoh. .! V Ho, i T tnrv, whioh iu mnd in (ha ttorma of wbb, atwrty weK ua iieear, no ti me tna of lb oiinlli jotr of 111 czioieaor, prooira led it in ruin. To remoro la tho now Van- titmion tbil cbojb of 4b hebUneia.nd ruin of tho old, wi tho Tory end nod par. pom of fi new one'i formtiion. That bif h pnrpoie they wbo nude it en(rana into ua text in tnoae tubi wora, "Bn;i oa ine ou-premo law of tne land." . ( r i And than tbe aat tba MrVpaaeoit aaaln In the tiara of itare with whioh htj bound he Conatitulion a brow, and mad it read, "To form a mora perftot Union." I Thla law, atatad Dt Wheaton in tn worda. 'The United Statea 1 aaprem GoTorn ment, totiog not only upon the aorerelgn membera or the Union, but direotiy upon the eiliiena," wae thai made eelNerident aa tke ei y foundation of the Govrmnt both hjr the origin, the text,, and the. preamble of the Conatiiution. . It waa aflorwurj afBrmad by a thousand jndgmeata of tba kigheat courta or 'the iftaree and of the nation. 1 waa reannounoed by tho Government itself in the terrible dialeot of. war tn the tup proialon of three aneoeaaifo rorolla agunit that auprtmacy in tha Statea of Foomyl- Tunu, south Carolina and Jibed, ialand It became Imprreaed upon the vonaulution' hiatory by the meaninga aaalgned to it by those who made it. The eame thing waa enforoed by tbe eubaequent argumenla of ita great expounaera, among wnion atanda one -tne reply lo Hayne unsurpassed by toe aonieTtmenta or tne numan uueueot. o:i dr. rendored, then iano bond of witl- unsbip and none of lie riahti. About the trth of thie poiition there oan be nrithtr emsible aiputorduDt. The only question whioh oan b made, bearing diraotly upon thin eWrine of public law, ia a to how the 0Ua may abow h oiaoanu nia atiegtanoe,, and how tbe aoTerameat may assart ita right to forfeit his oiliienahip. This we ehall presently oorae to and oonsider. MLATIOMS Or. OlTIUMSBir to sumtAoi. I now tuett -another proposition whioh in piinoiploM iden ioal with and must re ault from tbA.dootrine. that-"titate laws and !alAlegig!atIon oannot in the nature of theWore, ' bound fo'tibaustfhBresur and blood for tho defense or tneae. ion burs a nation in whioh, iik la ait oinere, the "bond" whioh unitos the oitiien to hi country is the fact that he aokndwladge and render allegianoe t is laws; and yet you bare that nation not only bound tt proteot them who defy and spurn their Got. ernment ana unlaws, out aiso. bouou i permit the disloyal States to enact Into u Sreme law" mat none snail Tote ror rrssi. ont or Coniros of the United S'atr but such as hare.made ,war upon. the United Need I say thai a doctrine leading to re - rHoDsit, Satuhpay. Apeil 21st, 1808 1 "' h paaaed intsandylng history. .!..' u ' - - ,". I the sole companion of it ; Mr. Sbeli. AnABOER shows ly quotations t Jroto the . President' speeches, and other documents of an oflloial nature, that he ' fth' President) desire the exclusion of rebel from nil powers of Government, and is in furor of punishing Ibem. Mr, 8. claim that tba avowal of the President to the Government had three time mere iadi- ' this effeot have been io frequent, so recont, I anted by the aocents of war, whioh for aew od o explioit. that to doubt their ainoeri- ta'7 rB ,r, mmn$ ty would be lo attribute to the President ,.h ,h. hMl llv,n... .,. treachery lo hi profession and on infldsll- prehended at last. But, Mr. Speaker, it only peer, "the oration npon tne urown But, sir, after all these it was strangsli. ia God s order, reaerved to thla Government to teaoh it to her children and the world in emphasis whioh startled the hu man race. . ' ,i This lesson, whioh they who made it hai thus written all over the Constitution, which . ty lo nil the .instincts of honor and man' hold. Hi quotation from the President are numerous, well authenticated, and en tirely oouclusiv. He doses thla Introdtio tory part of hi argument with the para graph first following, and then proceed with hi main argument, aa below: , Such, then, ore the view of the Presi dent.' To ay that they are not hia views, 'or that they are put forth aa mere lures to inenare a generous ana oonnuing people into his support mere "springs toostoh wooicook," whioh be drems neither oons'l tntional nor cnpible of being praotioally appnea ana eniorcea, nor nt to do so sppti a 1 to attribute to him rurpoirs and oon duct which would be disgraceful to the ost vulgar poiluoal barlrquio, but whtob in tbe ruler or a groat an4 generous pso waa only comprehended when it was writ ten in letter of mingled nre and blocKf-f tbe nrea or whtob swept hair a continen and tbe blood of "tbe mighty millions." Then it. stand now, written, ejompw bended. It is the judgment of by far the moit august oourt whioh ever sat for "high resolve," the oourt of the mighty people; and men comprehended at last that tki is a nation wan right to live. SKLI FEISXnVATtOH A tlHIVZESAI, E1QBT All ' DUTY OF IAT10HS I " I 1 II The next element of my argument I bring rrom tne ntgneat aources or public law: and assert that "the right of self-preservation ia not only a right with respeot to other Stater, but a duty with respeot to ita own members, and the moat solemn and import- snt on wbicb a mate owe to them. (Wheaton, 115 ) "Every nation i obliged T.I. who have eo honored and tr,,.la Mm r""ur" "' ' "-prw.rr..ou. would b utterly disgustlog and infamous. Uv,",,t P 0 I wili neither av nor believe lhi: and I v I entitled io TH hiaei therefor ehall assume thttt the President deems it both praotioible, oonetitutional, and fit to enaot that the tritor "forfeited hie right to vote with loril men when he reoouno-d hi ottisenhip and rought to de troy the Government," and ".ha- he stall be siibj o.ed to a severe ordeal before he ia restored to cit.secship." Or SELE'DEVEHflB. Mr. Speaker, from the same high sources or autnority, i allege mat "Since a nation is obliged to preserve itself, it hss a right to everything neoessary for its preservation." "A nation has a right to everything that can ward off imminent danger, and keep at a I need not y ibat Congress has already d'1""" whatever 1 capable of oauaing its indlca ed lis belief in the atme thing. rulDl " ,rom lht ry ame reason that It is obviou, liieo, that i her they who "tnblnbe tl right, it has alio the right to bold the two politioal department of this '"W neoessary to its presrvation." Government are most file and insincere, raiiti e. p. o. erelsaihv rtwa that th. rli.lnval .hnii "This right of elf-preservation neoes- be sternly exoluued, by ,vero ordeals," involves all other incidental rights from 0'jTeramnt until they "br ng forth " to give effeot to the prinoipil ;. it 9 I .nil " W hintin llit I now iirooeed to Inquire whether this A w proosed wo ihall see that these which both Congress and the President favor is permitted by the Conatiiution. And to gutrd rryse'f, at the very threshold of tlieie r marks, from misapprehen sion, I state, 'hat should the Government be round to hold this alleged power or excluding them win h .va renouooed their oiiiseo- bip from he exeroise of its powers, till I do not favor suoh oxolusion against the mass of the common people, unless it shall appear that they oontiuuo incorrigibly disloyal, and insubordina e lo our Government and laws. I only inquire now as to tho power. Mhe manuer and extent of it em ployment will be a matter for tho high, solemn, and most oJutious exercise of the wiadom and discretion of Congress; to be don with due regard lo the nature of ours as a popular Government resting upon tbe will or tbe loyal ottiseni, but also with re principles, o evidently inherent in the very nature of sovereignty, are both held and employ on by every independent State. CITIZEVSHIP I A NATIONAL AND NOT A STATE QUALITY AND fllVT. Let It be next thoroughly established and comprehended that in our Govornment there ts, properly speaking, no Kiale citizenship, and that lo adopt the language of the case or lynch vs. Clark, (1 Banford it., 683,) eitisene-hip is "a national right orcondition." Chancellor Kent affirm the authority of tins oase iient s commentarie, p. 80, note) when he says: The question lor oitiienship as distin guished from alienage is one of national anil not individual Stale sovereignty." . "A State," snys Judge McLean, "may authorise a foreigner to hold real estate within Se'ubHo."' P"p"u", Di "'"J of jariedietioo, but it has no power to nat- What makes the inquiry upon which I Lfoitiaens. Suoh a right is opposed to Ihe " : --i - - - - act or congress on tne suojeot or aaturall- nt.ioyai irom oitisensntp ana rrom voting, ,ion ,od ,ubversiv of the Federal pow- of suoh vital moment just now is the aad l grat tn,t ,Dy oountenanoe should faot that in at least ten of these States b, gjTen .om thj, henoh , prBattca m, there is the highest reason to fear that lhi, ln ,01n, of th, g al whicll OM B0 wore tuau nan me wane lnnaoiiants uesire the destiuition of this naticn. The people oou'.d not iearn a faot, so utterly unuatural and appilliug, until eaoh household spelled It cut, letter by letter, line by line, for itself. But the nation did learn it at last, when every family had read it in tbe marble feature of it own (lain "Fur there waa not a house in whioh there was not one dead." To again refuse to beliove it a we did before, and lo dcclins again to act upon it as true ia only stark madnoea. For four years and a half that almost entire people trove for that destruotion, with a ferocity of wi.l whioh made the purposes of Dantoa and Robespierro almost timid, and wilh a cruelty of execution which make the "September (laughters of Ihe prisons" almost meroy. ' And now, when the grass has not yet covered Ihe graves where sleep ilia victims of this immense orime, and when, by no act, or speech, or aigu, the great mtssof the auinora or it nave even proressea regrets for the past except r. greta for ihe failure, and whan tbey avow no new desin for the future, this nation must e ther crept this most unweloora faot ot general disloyally or else the nation cannot live. Mr. Spenker, bai Ihe Constitution, now that actual war tor tbe attainment of the nation' destruction ha been crushed out, de prived the Government of all power to ao-ospt ihia faot, and to provide against the Imminent peril to the nation whioh It Im ports r To show that tbe Conatitulion has not is ihe work of this inyhour. To be fully and aoourately apprehended, let me etve now what 1 am About to maintain and whal I shall not ma.ntatn. I do not think that the Federal Government has any power to exclude by law any civilised native of the United S ates from right of national oitisensh'p who hsa not violated or renounced his allegiance to the untiea mate. I do not maintiin thnt anv oitiien oan. by any act of disloyalty or by diecardiog ma anogianoe, aivtst nimseir or tbe obligations of the allegiance which he owes his country; but, on ihe oontrary, I hold that he ssnnot, I do not hold that the United Statea oan regulate the enjoy m 'nl of Ihe elective fran-chias in ihe 'organised States so a to pre-oribe who, of tucra who nre oitiaens, shall be permitted to vo e. I think the second lection of the first enisle of ihe Constitution gives this power to the State. Whit I do maintain anl ahall otrlvo to establish is, I hit the United State is a supreme nationality with the sovereign power usually held by nations to define the obligations of oitixeashipanddemand the paramount allegianoe of all ll o'tiaeu ia return for national protection; and that, in virtue of such tovereignty, ihe nation haa the power by law to deoiare what gross, open and palpable aota of abjuration and abandonment of the obligations o! oiilsen-hip ball work a forfeiture of all the polities! right and power of oitlisnshlp, including the cleoiiv franchige; and they also prescribt what ahall be deemed suffl-eieatevideic of a return to true faith aad allegiance to hia country suoh to entitle him to demand th right of a oiiiseo. I To attain Ihe establishment of these I Bow proceed. , UNITED STATES I A NATION. ItUuponihi (ublime.and limpl law that I lay the foundations of my argument Mr. Sptfik'-r, how atraoge haa been the history of that law' ouncl.tion and enforcement in ourcountry. lis abseno from ittl CoofedtratioB" rendered that trae warrant in the Constitution." 10 Htvstni, 683. "Every oitiien of the United Slates ia a oomponent member of the nation, with right and duties under the Conatitulion end laws of th United Statea which cannot be abridged by the law of any particular State.1' "Every person who is a citixen of tha United States, whether by birth or nat- uraliittios, holds hi great franohisa by the law or th United estates, and above the rontrol of any particular State." Opinion of Atlotmy General Bale; of 20 In November, 1802. - By suoh authorities a these t show thil other proposition of my argument, that bv tbe very esseaoe and natur of sovereignly it is ana must do tn nation, in supreme Government, that determine who shall be members or the nations body, it oitizen, ana wnom it win aumtt to aemana it pro leotion and enjoy its powers. RATDEE AND XIQUTS Or OITIZENsniP. Ill order that the legal oonoequences wb.ob now rrom the riot that tbe nation be s ows and controls oitiaenBhip may he com pletely understood, it is belt now lo look at the nature of Amerioan oitisensbip. Although this is a subject of great diffi culty in eoo of it aspects, yet it ia in others of th very easiest and most .obvious oomprenension anu aiaicmsnt. Iu speaking of what privilege an j powers are inoluded in oitisensbip, Mr. Calhoun aaye: "But though we may not be able to say with precision what a citiisn if, we may say wilh the utmost aertainty what he is not, He is not an alien, Alien and oiti ien are oonclativ term, andatand in con- Iriidiotion to each other. They, of course, cannot eo enst." Tha prinoiple here alluded to by Mr. Calhoun, that he eannot be held to be a citiien who do? not owe, or who doe not reoofiratze or render th obligation of a rcitii-n, is more fully expressed by. Tattel (t. p. lot); in these words: "If the body of sooiety or he who represents it the Government absolutely fail to cischarge their obligations toward the tit sen, the lat'er may withdraw himself." Mow note what follow: i 1 For, if one of tha contracting partie doe not observe his engagements, the other ia no longer bound to lulfill his, aa the oontraot ia reoiprooal between eo jiety and it member. It i on the ame principle also that society may expel a member f ho violatea II laws." I Preoitoly the same thing in its legal effeot is s ated by th Attorney General of Ihe Doited Stale in hi opinion of Ihe 29tb ltovnmbsr, 18C2. Hia word ars : . , e - I "Th duty of allegiaao and the right lo pioteotion arc correlative obligations, the one th price of the other, and they con stitute the bond between the Individual and his country." Justioe Blaosstin sayst "Allegiance ia the tie or ligament whioh bin I every aubjecl to be true end faithful to hi aovercign in return for protection which i afforded him." . I It otnaot be neoessary farther to enforce a proposition whioh i aassrted by plain and irreatatiDi reason, py every autnority of any rain upon international law whioh it in axialenoe, and which is denied by, none..,, This proposition i, that th "bond" wbjoh unites every sovereign Stale with ita oitistn is lb recognition aad rendering by tbe ohisens of true loyalty feitk. andal l.'giataeto hia Government; and the reolpro-a 1 protection due and rendered by his Gov. things be longer permitted to defin, abridge, suit like these 1 not false merely, but or enlarge, ine important privilege oi cut- i uucivy a4(wt"Ji isnshlp in the United Statea." It is thil: they from whom Ihe United Stat may constitutionally withhold or withdraw the or dinary right of national oitiienship, suoh as th right of petition, of helling lad, aid of. protection, cannot, except by th sufferance of Ihe Government of th United States, have conferred npon them by th now BiuiiTS or cmnmuir am roarnrEn. I (hair, .puisue these" suggestions n further, but shnll assume that there -.it oa way by which this Government can dopma men whom it deems' unfit to p memhext, of. society, of such right of oitif xenship and of eleotois as 1 demanded by Dies, nave conierrcu upon mem oy . tb, pubtio afety. - action of th. Stat,, higher and mors.vital D , th, , w.y,wltlli4 poveraand right, of controll ngth United th Go,nm.n.'. o0.r u diveet person States Government than would be derived by the possession of more rights of nation at" dltiiensnlp.' ' In other words, those, whether native or foreign, whom the nation may rightly deolin to permit the State lo endow with oitisensbip merely, oannot be endowed by the Statea exoept by mere sufi roranoej a t nave sntd, wita tne infinitely bigben attrlbate or national sovereignty, which; by tha elective frsnobise, erleota all the ruler of the Republic. Judge Curlis (19 Howard, It, 681), says . truly that though ' "The eniovment of the eleolive franchie is not essential to citizenship, there oan b no dotiojt rt ia ne of the obiefest attributes of oitiienship under the Amerioan ooustilu- tions; and tho just and constitutional post session of ibis right is deoisive evideooe of national citizenship." .s . 9 1 aver that they to whom tbe nation has rightly denied the right of oitisonship are thereby denied being deemed a part of th "people of the Statea" in ihe sense of th aeoond aeotion'Of the fonrlh artiolc of the Conetilmioo; and no State can mek such men eleotor and ruler of this nation un less, ss is true in a few States, Hits be peri m;ited py. tbe mere suiferance of the Gov ernment. I do not objeot to Ibis sufferance wbere loyal men are tbe recipients of it. Let us see how this is now by the great lights of tbe law. 1 first cite Story, (Con titution, section 1108,) who, with irrepress- Oio roroe or reason, declares tnai . ' "If aliens might be admitted indisorlm inately to enjoy all tbe rights of oitizen. at the will of a single State, the Union it self mlht bo endangered by the influx of foreigners hostile to Its Institutions, lgnor- aut or Its forms and inoapable of a due esti mation of its rrivileges. Surely, whether the eleotlve franohis be a right of oitiienship or not ther i no other right o fatally dangerous to be intrusted, "at tho will of a single State," to men not oitlzens, and "hostile to our in stitutions," as the power of icleoting all ine otnoers or tne nation -a power whioh Judge Curtis well declares to be the 'chiefest attribute of oitizonship." Again, sir. Chancellor Kent, (note o. a. o, 229, 1 vol. Comm.,) after deolaring that in Ohio tho right of suffrage is limited to naturalised and native-born oitiien, adds, 'And ao I think it ought to be in all sound policy; and the view taken of the subject in a"!"!"" .J? r. Vf and convict one-ihird of its peeple-and it of the politioal power Of suoh citiienshrp, aad or thought to elect tne national om cora, ia to indict, try, and execute Ihemj and hence that no right oan be doolared (oi failed by a mere act of national sover eignty. In other words, It is alleged that in cases where the guilt and disloyally of vast communities of men are open, notori ous,' oonfesstd, historical, and established by year ar persistent, gonerai, ana universal war, still their Government ia bound to regard (hem a innooent, law-abiding, and patriotic, and worthy to rule the nation unless they ara tried by a jury aad executed I , . , . ,.. : Now, this assertion I meet with a flat in nial; and 1 assert that it ilies into th fao of all law, common, constitutional, and In-, t-irnational; of all reason, ordinary and extraordinary, and of all history, cur owu aud all other nations, Look at those. Take our own reoent and melanoholy experience.' ' We have eight million people, eaoh of whom, with the exception , of ihs women and ohildren, baa made war upon, hi oountry and forfeited, his rights of oitiaenBhip and life. Uuless seoession be legal, then both the treason and forfelldre stand oonfessed by eaoh one of the millions. Now, is it possible that each of theso must be either oonvioted andl exoouled, or else be permitted to be th ruler or thio land r I this great uovern- ment, indeed, so impotent as this, that in matters of Ihia stupendous moment, shown to be absolutely vital to its existenoe, it can ohoose but one of two things, and either on or which two thing arried out, I aainn, would be la'al to tho nation a lire, if it must permit these eigljt, millions who waged four years of war for the nation' death. and wbo may profess neither penitenoe. loyalty, or cbitnge of purpose, to resume the hieheat nowt-rs of Uovei-nmcrnt n'rTdsr lawa . 41, oi atsioyai otatoi wnton exomae rrom gov ernment all tbe loyal men of the state, then that Is national death. If, on the other band, to prevent lhi you must try, conviot, and exeoute these millioni that i both national dishonor ana asatn. It is no escape from this dilemma to aay that I would convict-them and then, not exeoute them, but o-rant ar.nartial nardon sparing life, but forfeiting franchises. That both propose impossibilities and yields the oao impossibilities because no natloa ever did, or will, or can, or ever ought to try Scammoo, 877,) by one of the oounsel who argued the cuie, ib a masterly argument." (See Mr. Butterfleld' argument approved oy jLent, in z ooammon, Again, Mr. Lawrence (in Wheaton, 910) says: if they the States I oan admit to the eleotive franobi-e those who arenotollizen, inereby neutralising tne vote or citizens, not only the Federal power of naturalization becomea a nullity, but in the latter oase a minority of aotual oitlzona by the aid of aliens may control the government of the States, and through the State th Govern ment of the Union. Once more I cite Mr. Calhoun, not merely beoause of lb eminence of his learning ana anility, but maiuiy oeoause or the in- Irlnsio force of what he snys, and that it is said by one not too apt to restrict the pow ers of the States, nor to magnify those of the General Government, In th argument from whioh I have quoted (Wheaton, 006) ne eays: lo suppose that a mat oan make an lien a citizen of the Slate, or oonfer upon him ihe right of voting, would involve the absurdity of giving him a direct and immediate control over tbe action of tbe General Government, from , whioh he ha no ght to olaim proieotion, and to whioh he haa no right to present a petition. That the full foroe of the absurdity may be fell, must te borne in mina that every depart ment of the General Government is either ircclly or indireotly under Ihe control of the vo r in tbe several States." Now, admit that a State may oonfer the ight of voting on all aliens, and it will follow ns a neoossary consequence that we ight have among our constituents persons ho have not the right to olaim the protec tion of the Government or lo present a petition to it. ' ' - But a still greater difficulty remains. uppose a war should be deolared between the United Stale and tha country to whioh he aliens belong. They, as aliens, would be liable to be eeiied under the lawa of Congress, lo have their good confiscated, and themselves sent out of the oountry. Tbo orinoiple that lead to such constquenoea cannot be true." Surely Mr. Calhoun must be right. Surely the States cannot, if Ihe nation ahcnld exercise its right to forbid it, authorise them lo eleot the American President and the Amerioan Congresa, who can neither petition the Government thev eleot, demand ihe protection of the Government tiey eleot, be required to bear arm in favor of lbs Government which tbey eleol, be Iried for treason against the Government they eleot, or remain, in time of. war, in the country whose rulers Ihey elect, and who are, by a law now in force, declared to be, in time of war, tbe enemies of the Government whioh they eleot tand required to be driven from tbe oountry. (See not or tith July, 17U8.) Mr. Speaker, whether a nation endowed, a wo have now eeen our to be, wilh the high attributes of supreme eoverignty a nation with right to life; with right to all pwer required to ward off danger to that lire; with exolusive right to conter, denne, aud control na ioual oitiienship; with right, it it so oboose, to exclude aliens rrom be. coming oitiieus, and from either electing our rulere or domanding our proteotion until this nation shall deem ihem fit to be come suob; whether suoh a nation may withdraw Ihe power of electing our rulers from men who have turned enemies of tho Gov ernment and discarded all the duties of citisenahip is the momentous inquiry to whioh an t nave aam was airectea. 11 tt be so that your Government h is not this power, then, indeed, is it a prodigy of Ihe hideous, a paragon of deformity, a very miraole of Ihe monstrous, whioh ba neither a peer nor proximate in the past of nations. Look at the apeotaolc A supreme Gov ernment exclusively creating and control ling allegiance and oiuienship; but with Slate in that Government able to enaot into supreme laws that all who hava by aot of treason prored their purpose lo destroy the Government shall elect its rulers, and lhat all who have not done thla shall not vol ftr these ruler I You htvo a Govern ment with exclusive power to deotde whom it Will permit to bear from Stat to Stat ike right of abode, of holding land, aad of exemption from unusual taxes, and yet with power in the State to declare that none but those whom tbe Union will not permit to bare theae lowest right of ettiienshlp shall elect all of the nation supreme magistral!. Von have a Congress able to make what th Constitution declare lo be "th supreme law of the land," but wilh power in the States to enaot by law that none ahall vote in electing that Congress but they who, by taking pait in rebellion," have shown Ibat theyi aim t the deetruotion of both Con- gtcsr and it supreme law. Ton have a natloa bouna to exnausi every uouar oi ii treasur and (very drop of ii loyal blood td defend th right and avenge the wrong of it oiltiens, and yet with no power In that natloa to deoiare that Maton, In England, and Slidell, in Franoe, and Surratt ernment to that citisen a th prio of that and Saunders, in Canada, have ceased to allgla( and whin soon leitnu not roog bar th right of oltinnij asl you are, yields the case because if a conditional and and partial amnesty, which spares life but forfeits right of oitiienship, oan be grant- ea alter conviction, so it. oan berore, when tne guilt is open and oonreascd. (u Opin ions Atlorneya General, 20; Suiter' oase, t'nti. H , suz i am not now to be under stood as saying that a Government whioh assumes to exolude dangerous men from oitiienship, or from higher powers than citizenship, as the elective franohiso, deals witn them in puniscment or crime, or that in oonceding to such men some right of oitusns, as that or resldonor, ana depriving tnem or oinerr, as mat or voiing, tbe Gov. ernment is either punishing or pardoning crime as such. Such act ara no more a puiiisbment of orime than the exclusion of aliens from the rights of citiieni is a pun ishment or orime. Ana to admit snob dangerous men to some rights of citizenship, aa thnt of residing in th country, and of sparing their lives, is no more an asaump. tion or tbe I'rtaident pardoning cover man to permit auone to reside ana own property ln the oountry is a pardon. These very same considerations prorent suoh law rrom being bills or attainder, or of pain and penalties. Tbi4 I argue not, beoause it is self-evident. 1 ou can no more pun ish and forfeit the property of an alien resident of tho United States by the enactment of "attaindor," or 'pains and ponalty" statutes, than you can so punish a oitiien; and yet wbo ever dreamed that the aot of July G; 1708, buniibing such aliens in lime of war, was a bill of pains and penalties. ir it be true that our uovernment oan withhold from none who are native of our oountry tho powor of oitiienship, and if it cannot rortcit theso powers by act of law and wittout.oonviction, when Ihe oiliion bus openly renounced' aud trampled upon his obligations as a oiti sen, then some of ihe results would be the following: your Government oou'd not exolude from oitiien ship the tribes of American Indians, at east not such as pay any lax. And yet that exclusion is as old aa the Government. Neither oould your Govornment exclude from powers of government pirates, or bands of robbers, or guerrillas, who are na tivos of your oountry and unconvicted. Aud yet eucli mon, by tbe law of nations. arc not only not citizens of any oountry, but are the declared enemies of the human noe, whom any nation may destroy whenever found. ,, , Neither oould you dtclare men who flee their oountry in limo of war to escape ren dering to it military service to have lost ouizenship. Suoh men you cannot ' try as criminals, or oonvicl, because your prooess cannot reach tbem, and besides, the aot of torrelture may be one constituting no de- fiued orime. Th-n, too, may Mason, Slidell, UreokinriJge and WigfalL all not only de mand tbe rights of citizen suitors in your courts, but, as nas been said before, may demand that ail this nation' loyal blood shall be expended in war to defend their rights and avenge their injuries, , ,-' We have already seen that Ihe highest International authoiity in Ihe world ao expressly declare the law wheu he says that if a citizen doeB not "obeerve his engagements to Ihe Government, l lien the Government ia not bound to fulfil it, a lb oontraot is reciprocal between sooioty and its members," and that it ia "on thio prinoiple also that society may expel a member who violates its laws." (Vattel, 100) . Ther is no Rutuority nor judgment of any oourt that does not take for granted and assume as a postulate ihe vory thing I now strive lo establish, lo wit, that nations may exolude ftom nil national oitizonship, lollowship, and rights men whose olarnoier is wholly inoempatiblo with Ihe enjoyment of suoh right. Take in proof ot tbis the learned opinion of the Attornev General, Bates, already quoted, in which he assumes that ir a man's character "is so in-oomptttibla with oiliieimhip that tba two oaunot exist together" then he oannot b a citizin. Or lake the definition of what a oiliz.n is I paro not whose definition you select. You may take Ihe oldeat, a that of Arietotle, that it i one who "enjoy a due share in tbe government of that community of whioh be ia a member," or you may uih idh oi vauei, inai iney are oitiien who "are member of the civil aooietv. bound to this society by oertain duties, and ubjeot to il authority: they equally par ticlpale in its advantage " la every dtfinltion It Is assumed that be ia not entitled to be a oitiien wbo doss not dis charge Ihe duties whioh "bind" him to loolety and entitle him to bo "a member of th Government in whioh ho (bare ita powor." tir take in runner proof or this th ax- prosa authority of (very writer npon public law, an or wnom, me vattel, asssrt the power In tbe sovereign to deprive an of oitiienship who will not perform bisdullr. Professor Folic (vol. 1, P. 146) expressly asserts ihe power of tbe sovereign to forfeit oltixsnship, and indeed so doe every other judicium writer on public law. BISTORT. Ah i sol, and never was, a civiliiad na tion la which th sovereign did not noia ad xaroiM th power of forfeiting, and taking away, and that by law or edict of the uvereign "right of oitiienship when it Uulie were not reoogniisd or rendered. . lAooeptiag foreign oiliienahip forfeit all it right in Franoe; and so doe taking a foreign offioe. - (Wheaton, 922 ) The aam ia trn i Prusaia. (76, 922 ) ' On who abandon hi oountry forfeit oitiienship in Austria. 1 Aa Englishman loses hi right a a British aubjecl by adhering to a foreign Power. (Wheaton, 917; 2 Blackatone, 410.) Ther lun ia tba law ( Bavaria, of Wuitemburg, of Russia, and of Spain. Tha same law ha been enforced again and again by Switzerland, and by every other European State; and that throughout all th period of oivliiiea history. ' Mr". HALE. 'Will' the gentleman from Ohio permit me to ask him a question npon the point be I now discussing? . P Mr. BHtSLLAHAttUKH., lot, Sir. Mr. HALE. I desire lo Inquire whether this forfeiture of whioh th gentleman peaks oan ever operate nntll officially found by a oourt of competent jurisdlotion? "Mr. SHELLABABGhK. I answer the gentleman that It does take effeot by aot of the sovereign in the enaolment of the law or edict, whichever may be the cannot of communicating tbe national will upon that eubjeot-mattar; aad he will ao find upon an examination of th authorities. , I have not appealed to these to show that our Government ba lb arbitrary power over tha oitiien whioh is held by th aoso luia Power of Europe, for it i not ao. 1 appeal to theae t show lhat, during all time, and in every truly sovereign Stat which haa the power to demand allegiance, and to confer oitiienship, and to define it duties, whether that State be, like Austria and Russia, an absolute monarohy, or, like isnglnnd, a limited one, or, like Switzerland and Rome, republics, they could alao withdraw the same oitisensbip from them who performed nan of theso duties. The two power or conferring ana witn rawing are in their nature inseparable. That would be a preposterous state of national sovereignty that can define by general law what kind of faith, allegianoe, and duties don ehall alone admit one to beoome oitiien and to demand bia Government proteotion, and yet that Government be ut terly powerless to deoiare by similar law that the citizenship had ceased when all the duties of oitizenshin were utterly dis carded and incorrigible treason waa put in their plaoe. THE UNITED STATES. I now assert Ibat this very power in ques tion, of withdrawing and withholding either aom or all of th right of oiiiseosbip rrom tbem who renounoe their allegiance, ba been exercised by your Government ever since it was in existenoe, end by the State before it was a Government. There waa ttot a Stat4 in which during the war of the Revolution laws war not passed forfeiting right of oitiienship of them wbo adhered to the enemies of the country. The dates and titles of these aola will be found in 1 American State Paper, paga 198. I oannot here refer to more than one or two, whioh will give a just idea of tbe oharaotor and legal effeot of all ' Two year after th treaty of peao of 1783, Georgia and South Carolina passed lawa forever disfranchising them who had made war against tbe United Slates; and Sir George Hammond, tho British Minister, in his elaborate debate with Mr. Jefferson aa to these law disfranchising and im povcrishing theso rebels, shows that these' laws were in foroe in a majority or tne Statea ten yean after that treaty, and long after the adoption of our present Constitution. In 1787, Massachusetts passed a law which, for three year, excluded rrom voting, holding office, teaching sobool, and keeping hotel, all oitlzens of Massachusetts who bad the year before engaged in the insignificant rebellion againat Massaohusotts whioh waa headed by Daniel Bha) s. inoso who nod fire I en or wounded any oitizen were forev or deprived of oitiienship, as waa Shays and his principal officers. Afterward soma of them who bad fired upon oit'zens were per mitted lo recover their oitiienship by proving penitence end loyalty, and by taking an oath of allegianoe. Mr. HALE. Will the gentleman permit again a aingle questtonr Mr. ttrlrJLibABAKUriK. res, sir. Mr. HALE. Did not every one of tboie lawa to whioh the gentleman has referred involve Ihe trial, conviotion, and sentenoe of th persons thus disfranchised before a oourt of competent jurisdiction? Mr. BHGLLABARGER. I answer Ihe gentleman, no, air: Besides theso gentlemen will find lhat one of our naturalization laws, that of 29th Marob, 1799, was repeal. ed, in part, beoause it exoluded from oiti ienship only those "proscribed" by the State laws, and did not inolude, in terms at least, those "legally oonvioted." And the repealing aot of 29th January, 1796, added to those proBoribed the other olass of them oonvioted, making Iheolause read: '-No person heretofore proscribed by any State, or who has been legally oonvioted of having (oinod the army of Great Britain," &o. So the law of 1802, now in foroe, is. So that either and both classes, the proscribed and ihe convicted, are exoluded from Amerioan oitiienship. Mr. UAI.K. Then will ihe gentleman tell me bow, under those law, Ihe faot of having been engaged in such rebellion was ever lo be asosrtaineu r Mr.SHKLLABARGER. Now, Mr. Speak er, I will state, in answer to that question, tbnt a very proper provision in a law upon this subjeot, in exeoulion of the power for whioh I am oontendiog, wou'd be to provide by law that wherever one who, ooming apparently within the description of those prosorlbed, olaimed to bo onutied to exeroise the prohibited right he should be per mitted lo estahlish MB right by prools. Now. Iben. I go on with my arguments and th gentleman will sec bb I prooecd how unimportant are the suggestions he make. I The cower of these States lo nats Ihaao taw forfeiting Ihe right to vote, and these other rights, was, I beliove, never disputed in tbs disaussion with Mr. Jefferson by the Ilritisb Uovernment. many or these laws ware long after tho treaty, By bo b the British and American interpretation of lhat treaty they who wero in Ihe United Stales at its date, and who adhered to our Government, thereby became citizens of Ihe United states. These aoi or the slate Legislatures, especially Ibat touching fluys' rebellion, turned them into disfranchised men wbo never adhered to any foreign Government, never were out of the United Stales, and wbo, but for these laws, would have been oitizen of the United State. And yet some of these laws, without any trial or oonviolion, forever disfranchised them. Seme of these law punished particular individuals bynameforapeoified offenses. Theae were acta of attainder or of pain and penalties, and suoh the United State may not now, owing lo an express constitutional provision, pass. But suoh as provided generally for forfeiting Citizenship where men bad renounced their allegianoe, were not bills of attainder, are ot prohibited by our Constitution, and are a most ordinsry and just exercise of a sovereign power whioh waa and is conoeded by all our hiatory to have been possessed by every one of the oolonies. And ahall it be endured now, that this great nation ahall hold less po ver over national alle.l-ane when it ia voluntarily discarded by a traitor than these oolonies had ? Mr. HALE. 1 take a deep interest in the gentleman' argument, and if he doe not ink offense, I wonld like to ask him a question.Mr. SttELLABARGER. I will yield to the gentleman with pleasure, i Mr. HALE. As I understand the drift of th gentleman'a argument now, it ia that Congress may lawfully enaot to day forfeiture of oitiienship a a penalty for having been engaged in tha rebellion against the Government I believe I am oorreot in that understanding. Then I submit whither tbeie i not another difficulty in th case, whioh ia (imply this: that by another ex- Erees provision of th Constitution, which haa omitted to notice, h is again pre cluded, for th Imposition of a now penally d before for any orime whatsoever, oommlltet tha pi s -age of lb aot la expressly and di- reotly within Ihe definition of an ex votl foelo law; and whether it I not thereby roroidden ny tne uonsiitution or the United der. I do not propose to argue or elaborate aay suggestion, if to day w may by gir-lation enact the penalty of the lossofcitl enibip for rebellion or disloyalty, may w not by the same operation enaot another or different penalty before th passage of th Mir Mr. SQELLABARGBR. Mr. Speaker, th gentlemen know, of course, that no law is ez pott facto which ia not both a otiminal law and on punishing an act in a mannar in which it was aot puniahabl when it wa done. But be forget what ha ao abund antly appeared already in what I have stid, mat tha high obligations of eitiiin hip or aot created by criminal law, but ar.se out or that reoiprooal, oivil, and po litical oontraot of th oommon and interna tional law whioh thee denominate "alle gianoe," "the bond," "the ligamen!' He forget lhat th obligation of these and th penaltie watch their violation bring lo in violator, all existed when Ihe so men discarded their allegiance, and that tbe forfeiture, on their part, of righla then ao rrued. For tbis Government now to accept ana oy law declare that rorfeitura now to aooept anl by law declare that forfeiture tt ns already aocrucd, I neither attaching new penaitits to an act nor punishing crime, as such, at all. Th obligation of oiuirnihip are aa old a th Uovernment; as old a any Government. They aria not at all out of any criminal law; their violation Is a violatioa of oivil and politioal obligations, and work a forfeitur of the right lo demand national proteotion and right. a well where then is ao law defining or puuishing the act, or any aot, either as treason or a any other orime; and also a well when the act of for-featurs is no defined orime (suoh aa abandoning oountry to avoid defending it) aa where it is treason. When, through Mr. Webster, tbis Government withheld from Thresher, Hie righi of an Amerioan oitiien to demand the Government' preteoiion, and thus forfeited tbe highest right of th oilisen, th Government did not thereby impose new or a poet facto punishment, beoause lhat no law existed prohibiting the ot (whioh worked the forfeiture) of going abroad and engaging in Ihe Lopei expedition. Of course these forleitures ought never be resorted to exoept where tbe adjuration of allegiance is open and notorious; and these should not be extended to forfeiture of property, but only, 'as in Thresher's case, to withholding political power and protection. Bat, sir.-I go on. From the day of iti birtn to mis hour, your uovernment has by aot or tjongres both asserted and exerois-ed this identioal power for whioh I argue. These acts bear dale respectively April 14, 1802, andlMarcb 29, 1790, and were signed by Waahiogton and Jefferson. These act all expressly provide that no person pro, eoribed by any of these Stat law to whicn 1 have alluded shall ever be admitted to be- oome cltisem of tbe United State without the assent of tbe Btalos. These act of Congresa ara not poinlel to aa oase wbere Hi aot themsclve first worked the forfeiture, for that wa don by th Stat law proscribing th traitor nut i ao reier lo tbem ror tbe supremely important purpose of showing that itjia stood ror seventy-seven year an un questioned and unreversed judgment of the nation, that It is right and wiae pernet ually to deprive, by mere aot of law, and without trial or oonviction for any otlense, men who an open and notorious rebel of ausuon rights and power of oitiienship as tbe public requires to be withheld or rorreitod, and this, too, against native or tin country who have never left it. These laws won passed by the men who made your Constitution. They have re mained upon your atatute-book, and have been enforoed throughout every day of your national existence. To-day, they remain there, standing almost alone now, of all the statutes or our national era, wit- nesses of that strange sagacity, genius, and power which oonoeived and planned and reared the awful structure of the Republio, and which atarted that Republio down through the ages upon its career of power ana grandeur. Taere stand these statutes. yet, like sentinels with swords of name at the gate of Eden, guarding the en trance to our national fellowship and power; and like monuments, too, of tbe wisdom of ihe Government's au thor. These monument of the nation' ori gin an now covered with the gray mosses or near a hundred years, and tbree genera tions of tbe nation's children have passed to the dead beneath tbelr shade. And still they stand there to-day, their foundations resting upon Ihe granites, justioe and law, upon which lie, io eternal repose, the deep foundations of tbe Republio itself. And all over them, from base lo summit, is written in chanctera aa plain as those traoed 'by the fingers of a man's hand over against ihe oandiosliok upon the plaster of the wall of the King's palace," that trutb, upon which all human government is founded, and upon which stands the government of God; that true allegiance and fidelity to Uovernment I Ihe only foundation of Uovernment that oan be; and that men fall from ciiiienship by the same "Bin by which fell the angels. But. Mr. Speaker, I quit Ihia presenta tion of the authorities by pointing my coun trymen, and you, fellow-members of this House, to the last and most terrible years of your lifo. In those fearful ovonts which have been around you, and when good men bad forgotlen the partisan in the patriot,and when they were grasping with Ihe awful energies of despair for tho wisest and bast means of natto al existenoe, you have again and again re-enaoted these principlea of tne iicroiuiion; ana your aois or congress bsar the now immortal signature of your honored and lamented President. Ub, how lamented now I By more not of law yeu have confiscated landr; you have deprived of power lo hold office; you have deprived of the power lo vote; and have wholly lorreited every quality or oitiienship. The act of March 8, 18U6, is an eiercise of the very right of forfeiture without trial for wbicb I argue. That act provides that "All persons who have deserted the military or naval Bervtoe of the Uni- tea ota es and who do not report ror duly within a prescribed lime "shall be deemed and taken to have voluntary relinquished and forfeited the rights of oitiienship, and Iheir right to beoome oitlzens; and euoh deserters shall be forever incapable of holding any offioe of trust or profit under tbe United States or or exer- oiBing any right oi ouizenship. ' Unless Bomeoody shsll hereafter appear n the world -strong enough to show that to desert our armies is a higher otlense against the duties or oiluenslnp and a plainer re inquishment and rorleilure or its rights than four years of war against the nation's existence is, then this law will aland as a pno'ioal assertion, exeroise, and appltct-tion of all th national powers of self-pre servation for which I contend. Mr. Speaker, I here quit my great theme, reoommending lo my fellow-members and to this great people to oomplet the argument upon tbe element aed force of which I have scarcely enterod. But, air, even in what I have bo poorly said, the right of this nation to enaot a law to ozolude from the high powers of the nation ihem who, by treason, have beoome ita enemies, and not it oltisens, Is seen to be established, nay, sir, irresistibly established, by Ihe very nature of all government; by the comblno I foroe of reaaon, justioe, and publio virtue: by tbe very terms, nature, and origin of iliiemhlp; by the paramount allegiance wed by tbe people or tn uovernment of the United State aa Ihe "uprm lawof the land;'1 by the precepts of th international law: by tbe usage or an other civilized na. tion, and by th unvarying p radioes of our own. Sir, if, indeed, 't lis ao tbat all the ara not enough to establish as among th pow-an of our great and beloved, but moat in jured Govornmonl, tha merest right of self- defense, and ir, Inueeu, tne cniei arcnilecla of that ruin of Statea, which Ilea there before you yet, almost unaleviated; if th obief actor of thio orime, a orim whoia infernal shades and glares an, in all th long future, lo at once darken and abow all that Ib bad In human history; if all then chiefs of human Infamy, with blood-drop dripping from every finger' nd, and from eaob particular nair, it uicb ui.u, unre pentant, uoaneled, "ni reoioning made," may stalk baok, not to ordinary right of oillzenanip meioly, out to me mgner, gran. lion; nay, may oome hen into th very atnotuary of the nation' .life, and to lib-eriy'a laat nlnat, and may oome, too, aa tha rulen of th Republio, and all this Ib defi-anoe of all power ia th Govornment to forbid it, then, air, have the preoept of all reaeoo, all law, all morality, all history, all eipenence, ana an common justice been discarded in tbo making of yonr Govorn ment; and Iben I turn away from looking at my country rutur in anguish, in despair oi in rvepubiio. - - t - k;. But, Mr. Speaker, it 1 not , Your country and mine has the power lo be, and me nepuouo will live. I now appeal to hiatory, I assert lhat State, just as effectually as bill of Uia- dsr powen tf ileotor of thi mighty na. Personal and Miscellaneous. KxrarcnrrEajinpLT conni-debed ii 1TSKL.B- Mtl BLENBIHI. IROM TUN LATIN OT PAL1NQENIUB, Not wins, as wlaa, mi a than, bat M It an froai sack or moh vlnugt; Ms IbBssnw With U'ewkloh simply mast be nodentood . A blank ni gallon, ir It ba cot goo! Bat If 'tis wrstebed all ss Bten decline And loath the soar lew of eorrapted wiae, 'lis so to bs ooatessntd. H.r.lj lo S. Is not the bran to es-.k, nor 111 to are, Beelnf that eviry vilest little thing ', Has It la coaimoa, rrom a suit's smalt wlr-g , A orMping worn, down to tbm moveless stone Aodornmbling bark Iron tress, Unless lo be And to ba blMt bsoaa, I oiBBOt sie In bare existsaes, as exlstsai e, avght 1 hat's wor. by to be K red, or lo be sought. : 0i,l Lamb. " Train op a child in the way he should go," seem to mean, m Pike oounly, Mi, ourl, to teaoh a boy horse stealing. 'What 1 the best attitude for self-de fense?' said a pupil to a well known pugil ist. ' Keep a oivil tongue in your bead," waa the significant reply. We ar told by one of th Jenkinses of the New York pros, that Fanny Fern 1 fifty year old, and bear a atrikiog resemblance to her brother, N. P. Willi. A celebrated oomposer, aay th London Orchatra, wrot to a friend, requesting th pleasure of hi oompany "to luaobeon, key of 0." Hi friend, a tboioogh musician. Interpreted th invitation rightly, and cam to tbe composer' house for lunoheon, at onttharp. Th Now Haven Common Counoil ha been petitioned to abate as a nuisance on of tbe colored Methodist ohurche then, on eooount of unreasonably loud ringing and praying. A Boston man paid 326 for twenty-five share in a copper mining oompany, and be haa gladly given the stock to a tailor for a new spring overooat. Mr. George II. Boker, of Philadelphia, i understood to have finished a poem of considerable length, entitled "Th Story of th Hound.", Tha reputation of th pott satisfies ub that it wili not be men doggerel., j At Liverpool, recently, Mr. : Charle Mathews, tha aolor, aaid to a friend: "By th way, it i exactly aixty-tw yean slno I mad my first appearance in Liverpool." "Bear me I in what character wa that?" asked the friend. "In the ohareoter of a baby," wa lh reply. "I wa born ln tba next (trset just sixty-two yean ago." The owner of a large dog at Grand Rap ids, Miohigsn, a few days ago placed a ona hundred dollar looking glass before his) canine to worry him. The dog flew around, barking and growling. The owner wa delighted and cried "Sick 'em;" thedog "sicked;" tha mirror and the "other dog" disappeared at the aam time. Tbe jok rather turned on the owner. Tbe laws of cast arc ao rigidly enforced in England, that even Cbarlea Dickens ii not invited to what iti membera choose lo oall " the best loe'ely," He I manfully Independent of "Milord," however, and when ba wa requested by th Queen to take part In aom amateur dramatio performance, ha "declined to go a a performer, where ha could not a a private gentleman." The theater going publio of Constantino ple is toon to have a eoriea of Shakespearean performance by Ira Aldridge, th negro tragedian, who ha made a tucoessful lour through Russia. Arrangements have been made for hi appearance In Othello, Hamlet, and a round of other Shakespeare an characters, at the Frenoh iheater In Constantinople, where he will himself deliver hia part in English, and be played up to la French by tha looal oompany. , It ia a curioua oircumgtano that Ihe Hon' John P. Hale, who lately petitioned for an! Inonase of hi salary a Minister to Spain I ia an applioant for lb U. S. Dlstrlot Judgeship litely mad vacant in Termini. It mey be inferred from thi that Mr. Hal J oonsiden 2,000 in ourreney worth more at boma than $12,000 In gold at Madrid, with the dignity of a Minister to keep np. The late D. S. Dickinson left two brothers and two daughter. Hi brothers an John R. Dickinson, Esq , of Chioago, and Erastus Dickinson, Esq., of Ellioottvill, N. Y. Hi daughter are Mra. Samuel G. Courtney, of New York, and Mn. John Traoy Mygntl, of Bmghamtoo. By a eon, now deoeasoJ, Mr. Dicklnaon bad two grandsons, who have for many yean been members of hi house hold. Their ages ara respectively 14 and Mr. Diokinson bad an insurano of 126,000 on hi life. On Ihe door of on of tbe room in South College, Yale, I tha following notice: "No soap needed here at present; no nioe cigars wanted; no old oloihes in this room. No-ticr: no oontributions to infirm negroes, oidien and lone widow with eighteen children. No relief for dcatitute marinen from returning blookads runners, wilh a small smell of whiBky. General Noiioe To all whom it may ooncern: Applicants for oharlly are hereby informed that the cooupanla of thi room hava gone fishing, and won't b homo till morning. No nio-laeses or pop oora wanted. No app'er, lemon or orange needed for a few day to oom." A London writer says : " Lik tbe Divorce Court, lha Bankruptcy Court ia occasionally visited by distinguished and aristooratio personage. Lord G. Towniend, Lord Gordon, Earl Buchan, and othen have lately taken 'the benefit of lha act,' and now we hava the blood royal going through th whitewashing prooess. A disoharge was lately granted to Lady Georgiana Augusta Frederioa llentlelta Cavendish Beniinck, a grand daughter of George IV, and Mra. Elliott, known in th world of le'.ten as 1 Grace) Dalrjmple."' BOOKS. BooUar at,tionrr JOB. W. BUSY O.', Wholesale and Retail -' 1 BOOKSELLERS & STATIONERS, So. 199 FouUt High f treet, i VKIOH BLOBIC, . , ,,., , Ooltunbtui, Olalo. Constantly oa band all th leading Lair, Medical and Sehol BMks; ' A fall and oonplit. BMorrnsBt of 1 Blank Books and Stationery. WIMMlWIHtBHI, " ' PAINTIkWn, li , rmilREfl and Pit TIHKtH AMEN. WhalBMl and Kctalr. I.ITHOUKA r H I , JOB PHIKtlNtl AND UIMUIMU. (;.,, rCneatv Ofllxa. BBllroadi. II.hI. m Ynmr. avos Ocmpael .applied. niBrB-dSBi Pure White Lead! White Lead tt Color Works 'PHI UNDKBSfONID HAVING1 URGENTLY JL larantMNi tba hit Lkau Wniki idirmavr t? known a Iti work of Mtun. tltiriiav.n. Hi Hi h Oo., bit' nore fcrDtty ib Pttnuix Whit L-arl m& Color Work." WOatli ftl th nftsntlan of DmU ra and Paint tt our l'UUCNIX HHANU or PUBB WHITK fiKAD, vblnh t Iwtng mide att&r thetviveiftl aptr .iiD of II r. Bit p. who hu had an rxprriaoori of tDtj-fl jaan la h aaaaa-fi nrauf 1 i( aad waa t.e maker of lha trntl ao lo g and favorably huuvn "Harrfauo, Hllla A Oo V Pu n Vh!tt trad. Wa thrM r VI opo-fllaftnf bdaab'efu fort Is li dtalera aud noofedm- ara wl'fc aa aMloif of , , . Itli. PIT ftE WHITE 1 Kl which ahall haa nn nnarlor, f r,.or la Amatleaa or oginh DIIDIlfnCtltrO. roi atlo ij uoaitra tn ra'n a gt-or rally. (r'- ECKtJTH S, BIIXS ale CO., KO. BUBHKT ST., " '' ap t dim OMto.o .. . CIWJtIVATI, Ooisot and fckirt Fmporiiim, ' NO 84 K4V1' TOWS ST. - r.T WR WOm.D IKVITB THIS IADIB3 0 CO-IidMHUH lo cat! and BMmliiitoiir npwat,. Aiuerlan orMt, wMiaoud whalb-n, and man- trtiai tiie b-wt uixtttirtal, MUn T 11 a, ''London Royal Cord" and -Jhblt, tutb ilalu anl rtotilj aiabraldrad. .. Al o, Maol-m toy Comet Mltlrt Nnp-porter, wh cli 1 'n itei!nt Oor ot for InYida, an t U i.nm .1 jr ilkfl. Wt kffp oa hand bo'h French and Q Titian Uoraati; alio, the latoat at; In Hoop Slclr t Lidia Ib itf-ndaDoa, AGE T8 VVANTKD-H'O LadlM, to aaU VafJam Foj'i O.-raet Skirt Support-x. V. 11 BA DSD IBS 00. , apr8 In No. 61 Fast Town ar Co nmtua, 0 BAMY & CONFICTIOKERK. Tlieo. sJouee, Wholeisle A Itotail Doale Iu BREAD, ' ( HACHF.KS, ; - ' CAKES, "" 1 . ' cAsniEs . ,,T, FKUITS, BAKGRT A CONFECTIOSERV No. 230 South High at., feblTSa Oolumbua o' llsJCKlAlU VAJLLEY -'I Transportation Line, TBl-WIXKLY 1JTKH FROM Oni.VHBVTS Yd Isinoaatt-r, It-van, IHalittnvtlla, (ainooy, and Atbttua kid all pomta oa tha UtOn.lagUaaa. Thla Liuala couiroaed vt . ( FIRST CLASS BO4T0V Built Mpraeil for t. trada, and Merchant a and BhlDtv-ra oan re If on their ir jfnntntaa and aif.i- On and attar . . . ;. t , A1HII. rillMT. I960. A Boat will leaTe ever o'hsr day for tha aiova namajpoina. , . v - , f-, Frtlfeht roct-lvfd at our Wanhoua at Faat and Waat aid of Katltml Bridge. Offio -87 Veal Broal airaet. fi. FITOB tOai.-i irfiOlf nt ,( GolambaSgChilHoothe ft Portumoutl I -A. O K XI T t t ant And Fast Freight Liue; PASSING E a PACKETS LEAVR FROM FOOT of Bioad atrtat ou Blond ay a, Wudaeadaya and rridaia 'or tlrclttllle.Oh'lliroiha. Jwrjar. WaTtiilv 8h ironTlllf and Portantouih coiitienting at Portli. moatb lh Steamer a itr Pomnroy, a.lUpolli. Iroatnn and all Landing tin the O Jo Blrer. ThBita aro,orotd-d wl'h 1 oa tia'ni for tha t'aoaml at in of Valuable Taikattr-v Paataxgi.ra wl l fiid thta tho rnd's-1 ciifnrlab'a and p ttaattt nitdj of trav licg doarn lha Salato !'?. ... ... ..... rrtirin reeeirei at onr wrreninara at Ktai na-Weat i d ot ISa-.lon.l Brldga. ffle7jWet Br jail Stieat. U. Fl (OU 6QN. mm tt ' " JVOTICK IO CONTRACTOHS. S VALID PROPOSALS- WILt BB RlBlVBD i j tha andanlgaed at tba offloa of the Board of Public Worfca, In tha city of GoluniLua, on MOM- ' DAT, tha 80th o A(ill, 1008. butwetn tha houra of S and 4 o'clock P. M. of a ltd day, lor tha del t faring and breaking: If rue atone oa tho National Mod he tweea the UOih and 13iu rail, aa nn-utiarea weafc from Wheeling. The a Mount to ba feUerad on tha different mllr la aa folio wa; On mi lea lttl, U2 and 123. 90 roJa eaoh: on mllea 124 aud 125, 80 rode each; on mlla 128 .! ad 182 M roda each: on ml let 13t, 18S, IttO, 187 and IW, 116 roda amah. - Blddara muat atate tbe price per rod of 100 eabla tVt. Tha atone tob delivered at eaoh place on tha different mtlte, aa tba Reaidont JCuglnear may d algoat, aud to b brcken to a alia not exceeding (bur onaeri In weight. " " Bid? for the hrtaklnc and delircrlna moat hat axpavate. J ne right to n j ot dihh ia rw Ted. JOHN A. BLAIK, Riatdont nglnaar.'1 ' Cclumuai, alarrh ao, 18U MartiM Stateaman oopy.1 Ladies desiring a Clear and Muring COM" mm .CiTvA'f' Vv mm rlntvnnirn GEOKGEW.LAfRD: Thi deTI'fatfnl Toilet article taa no anal for Pi. aarviog and Beautifying tha Oomp aslon and fikln).. Vrpot. 74 Fl I.TON HTREBT. jr. T."1" Lbiodomjcco, ay i v Wsndall Phillip lectured at Tannton, on Thoraday evening, and at tha oloaa of th lecture, having learned that th conrae had not bee auoeessful in a financial war da. olined to reoelv th usnal tm.Nni Hertford Jlmaery, April 21. '"i ' An axchanc horrified it resdsra with th heading line, "Jeff. Davis Koasted," bnt a peraual of the paragraph, abowed tbat It referred only to a reoent incident in Mobile, and lhat tne editor meant to y " toaated." EYE AND EAR. " ' 7. IR. W. A. HMAPP, OfrajlUtL (formerly or N. Y.,) eiolaalralj treata lHafneta. Placaaea ol tba Xyea, And tn .... Artllll Wttmm ..- . aova, at No. 130 tooth Blgh a treat, (oppoelte tM ' Ouoda'-e Honee,) In Colnrolmi, Ohio. Alao furnlehea or malla hia bouk on tha Rye and Bar, for 40 eenta. frae of poatagito any addraaa-. Uuedlj.,' wt2T mar JOB. B. ITBTIiraOlt. AML rHB . STETENStllV 4PESS, .. Attorneys at Law, H. B.'0rBalw TnlrlSt,,Clnelaamtt,', ,11411 . TP o r Mai Tnn NATIONAL HOTEL BPILDINO, BBAB Ualon Depot, Oo'umtiui Ohio. The Parol-tnr aad Steak will ba Bold with tba ha lid lag or aeparetvly. nt tba dUortfelOB of the pnroheeer. aprt tf BimoliDB.